The Obama Solution: Prosecutorial Discretion‏

The Obama Administration plans to review 300,000 pending deportation cases with the intention of allowing illegal aliens to remain in the US if they do not have criminal convictions. The first people who will benefit from this policy are people who were brought to the U.S. as children, military veterans and spouses of military personnel.
 
There are more than 10 million people who are in the U.S. illegally. It is clear that the government can’t deport such a large number. So the Administration has developed a strategy that will use enforcement resources in a way that puts public safety and national security first. In other words, the government will target those illegal aliens who pose the greatest harm to our country, the ones with criminal convictions.
 
The Department of Homeland Security has prioritized the removal of people who have been convicted of crimes in the United States. DHS will make sure that they are not focusing their resources on deporting people who are low priorities for deportation. This includes individuals such as young people who were brought to this country as small children, and who know no other home. It also includes individuals such as military veterans and the spouses of active-duty military personnel. It makes no sense to spend enforcement resources on these low-priority cases.
 
DHS, along with the Department of Justice, will be reviewing the current deportation caseload to remove low-priority cases and instead they will deport people who have been convicted of crimes or pose a security risk.
 
And they will take steps to keep low-priority cases out of the deportation pipeline. They will be applying common sense guidelines to make these decisions, such as a person’s ties and contributions to the community, their family relationships and military service record. That means many illegal aliens will be able to stay in the United States indefinitely and apply for work permits.
 
The Department of Homeland Security will close the low-priority deportation cases. Illegal aliens whose cases are closed will be allowed to apply for work permits.
 
One senator said, “The Obama Administration has made the right decision in changing the way they handle deportations of DREAM Act students. These students are the future doctors, lawyers, teachers and, maybe, senators, who will make America stronger”.
 
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Q.1. If the federal DREAM Act becomes law, would students who qualify for that be on a path to citizenship?
 
A.1. Yes, the federal DREAM Act does offer a path to citizenship for qualified applicants.
 
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Q.2. Is President Obama’s solution the same thing as an Amnesty Program, with a path to a Green Card and citizenship?
 
A.2. No, there is no amnesty component in this temporary solution to the problem of ten million illegal aliens. Mr. Obama’s solution is just a way of focusing DHS resources on deporting convicted criminals and allowing non-criminal aliens to remain in the US to work. There is no provision for legalizing these people and allowing them to eventually apply for citizenship. However, the influence of ten million potential Latino voters cannot be ignored, and eventually they will probably all be eligible for some kind of legalization.

 
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