Homeland Security’s arbitrary law enforcement
Apparently if you don’t like the law and you’re the Homeland Security Department – you know, the department charged with ensuring your safety – you can just quietly refuse to do your job. Judicial Watch clues us in:
A month after the Department of Homeland Security launched a covert program to dismiss pending deportations there’s been an increase of more than 700% in the number of cases that have been dropped by the government in one of the nation’s busiest immigration court systems.
In August Homeland Security officials quietly began to systematically dismiss the pending removal of illegal immigrants, even when expulsion was virtually guaranteed or the aliens had a criminal record. The move, first reported by Texas’s largest newspaper, stunned the legal profession and baffled immigration attorneys who said it was “absolutely fantastic” for their illegal alien clients.
Instead of enforcing the law, they’ve decided to interpret it as they wish and to modify the criteria for expulsion to whatever they arbitrarily decide.
However, EOIR’s liaison with the American Immigration Lawyers Association, Raed Gonzalez, said he was briefed on the guidelines in August directly by DHS’ deputy chief counsel in Houston and described a broader set of internal criteria.
Government attorneys in Houston were instructed to exercise prosecutorial discretion on a case-by-case basis for illegal immigrants who have lived in the U.S. for at least two years and have no serious criminal history, Gonzalez said.
To qualify for dismissal, defendants also must have no felony record or any misdemeanor convictions involving DWI, sex crimes or domestic violence, he said.
Now before some nimrod who never reads the blog beams in and claims I’m “anti-immigration”, let’s be clear. No, I’m not. But we have a proper and legal way of immigrating into this country and an improper and illegal way of doing so. The government’s job is to enforce the law and its priority should be the protection of the rights of its citizens. Decisions to arbitrarily enforce law or not enforce it at all shouldn’t be within the ability of the government’s enforcement agencies to decide. We have a process for that – it’s called legislation.
As I recall, law enforcement agencies require oaths of their agents to “enforce the law”. Not to “internally” decide to modify them to suit their tastes or a political agenda.
I understand the “system” is broken. But “clearing a backlog” by dismissing cases against law breakers on whatever grounds simply encourages more of the illegal behavior they’ve displayed. If there’s really no risk in flaunting the law, there’s no reason not to engage in the behavior that breaks it.
Obviously the immigration system needs to be overhauled and immigration brought into the 21st century with a speedier and less costly process that better serves all.
But that is a separate issue from the subject of this post. It is dangerous and destructive to have government agencies who have been charged with enforcing the law to be internally deciding what if any of the law they will enforce. It’s just another example of the government not serving the needs of those it is Constitutionally charged with protecting. It has, however, become almost a trademark of this administration.