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Immigration Law

New ICE Memos Say ‘All Relevant Factors’ Should Be Considered, Call for Prosecutorial Discretion

Posted Jun 20, 2011 4:55 PM CDT
By Martha Neil

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Citing limited resources, two memos Friday from Immigration and Customs Enforcement Director John Morton call for agents and attorneys to exercise discretion in deciding who should be targeted for enforcement.

He calls for them to consider "all relevant factors" including criminal history, community and military service, family responsibilities and how long the individual has been in this country when making such decisions, reports the Houston Chronicle.

Negative factors should also be weighed, such as whether the individual represents a "clear risk" to national security or falls into the category of "serious felons, repeat offenders, or individuals with a lengthy criminal record of any kind."

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