A federal appeals court has put the Obama administration's new
immigration directive to the test by halting the deportation of seven
immigrants alleged to be in the country illegally.
In a 2-1 ruling on Monday, the 9th U.S. Circuit Court of Appeals
demanded the Obama administration explain whether the immigrants can
avoid deportation because of two memos released last year by U.S.
Immigration and Customs Enforcement director John Morton urging
prosecutors to use "discretion" when deciding whether to pursue
immigration cases.
Morton's initial memo in June said prosecutors should take into account
such factors as U.S. military service, criminal records, family ties and
length of stay in the country when deciding whether to start formal
deportation proceedings against undocumented immigrants. He issued
another in November explaining further how to implement the guidelines.
Since then, though, immigration advocates and lawyers have been
complaining that prosecutors have been too slow to call off deportation
proceedings of immigrants meeting the criteria. The advocates view the
appeals court's rulings as a call to action.
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