DHS's new policy is not unconstitutional

DHS recently informed the public of a new policy to review the 300,000 deportation cases currently in the system and close those that are considered low-priority. Some have claimed that President Obama has used this new policy to go around Congress, thereby making his action unconstitutional. However, the process that DHS is using to close these cases is not new. In fact, it has been in use for many years. DHS will close cases using an authority known as prosecutorial discretion. Immigration authorities can use their judgment in deciding which cases to prosecute and which to close. They may do this for many reasons including fairness and administrative backlog.

This new policy is a broad use of the agency's prosecutorial discretion. It comes at a time when resources are scarce in the government. The Obama administration hopes to focus on deportation of those that pose some sort of danger to our country. The cases that are closed include those concerning youth, the elderly, and people who have lived here since childhood.

Those that are claiming that DHS's new policy in unconstitutional are incorrect in their understanding of the enforcement of immigration laws. The government has no obligation to deport everyone that is deportable. Whether one agrees with the use of prosecutorial discretion is a political and philosophical issue and does not change that it is legal and within the bounds of constitutional process.

Also, this policy is not necessarily a form of amnesty. Amnesty would grant those whose cases are administratively closed a green card or some form of status. In this case, those who have their cases closed will receive work authorization but no legal status. This policy is simply an attempt to get by until Congress passes much-needed immigration reform.

More inforation here: http://www.latimes.com/news/local/la-me-deportation-review-20110829,0,4675057.story