To Enforce or Not to Enforce – DREAM Act

August 31, 2011

Department of Homeland Security (DHS) Secretary, Janet Napolitano, recently announced U.S. Immigration and Customs Enforcement (ICE) is halting some immigrant removals.  See 2011 WLNR 16447604.  

Interpreter Releases is the leading immigration periodical published by West, a Thomson Reuters business, and contains court opinions, administrative and legislative developments as well as legal articles. ICE Director John Morton’s memo clarifying enforcement policy can be found at  88 NO. 32 INTERREL 1961.  Here, Director Morton notes that many students and “low priority” foreign nationals are becoming beneficiaries of prosecutorial discretion as ICE concentrates on apprehension and removal of only those immigrants posing a criminal danger or a national security threat. Faced with the reality that between 10 and 12 million immigrants are in the U.S. illegally, Director Morton initially announced the enforcement shift in July 2010.  See  87 NO. 26 INTERREL 1370.

To retrieve immigration judge decisions in Interpreter Releases on WestlawNext involving students with F-1 visas, search:

advanced:(immigration-judge i.j. /15 decision decid! rul! order! & f-1)

These enforcement changes bring a smile to Illinois Senator Dick Durbin who has been a long-time champion of legislation to cancel removal and adjust status for certain students. To check the status of DREAM Act legislation introduced by Senator Durbin:

Database: US-BILLTRK

Search – au(durbin) & immigration

 The Obama Administration has articulated a commitment to transforming an immigration system in breakdown. Keep checking White House Press Releases on WestlawNext for a list of the 10 most recent announcements related to immigration.

 Simply go to the universal search box and begin typing ‘white house’ to see the ‘Looking for this’ prompt.

Then search:  immigration & DA(last 30 days)