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Reading The Morton Memo Federal Priorities And Prosecutorial Discretion, Shoba Wadhia Jan 2010

Reading The Morton Memo Federal Priorities And Prosecutorial Discretion, Shoba Wadhia

Shoba Sivaprasad Wadhia

On June 30, 2010, the Deputy Assistant Secretary for Immigration and Customs Enforcement (ICE), John Morton, issued a memo to the agency that reflected the Obama administration’s oft repeated intent to focus removal efforts on serious offenders. Morton noted: In light of the large number of administrative violations the agency is charged with addressing and the limited enforcement resources the agency has available, ICE must prioritize the use of its enforcement personnel, detention space, and removal resources to ensure that the removals the agency does conduct promote the agency's highest enforcement priorities, namely national security, public safety, and border security. …


The Role Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia Dec 2009

The Role Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia

Shoba Sivaprasad Wadhia

The concept of "prosecutorial discretion" appears in the immigration statute, agency memoranda and court decisions about select immigration enforcement decisions. Prosecutorial discretion extends to decisions about which offenses or populations to target; whom to stop, interrogate, and arrest; whether to detain or release a noncitizen; whether to initiate removal proceedings; and whether to execute a removal order; among other decisions. Similar to the criminal context, prosecutorial discretion in the immigration context is an important tool for achieving cost-effective law enforcement and relief for individuals who present desirable qualities or humanitarian circumstances. Yet there is a dearth of literature on the …


Business As Usual Immigration And The National Security Exception, Shoba S. Wadhia Dec 2009

Business As Usual Immigration And The National Security Exception, Shoba S. Wadhia

Shoba Sivaprasad Wadhia

Javaid Iqbal is a native and citizen of Pakistan and a Muslim. After moving to the United States, Iqbal worked as a cable television installer on Long Island. Iqbal was one among hundreds of men apprehended and detained by the United States Department of Justice in the weeks that followed the September 11, 2001 attacks. Iqbal was held in a federal prison in Brooklyn, New York called the Metropolitan Detention Center (MDC), for more than one year. In January 2002, Iqbal was transferred to the maximum security section of the jail known as the Administrative Maximum Special Housing Unit (ADMAX …