Deportations on hold? Not in Tennessee

The federal government says it will better prioritize immigration cases to deport only the worst of the worst criminals, sparing children and young adults who have been in the country for years.

But Tennessee’s immigration authorities may have not gotten the memo.

Last week, Janet Napolitano, head of the U.S. Department of Homeland Security, ordered a full review of 360,000 current immigration cases to focus efforts on gang members, drug dealers and dangerous criminals. The order came in response to mounting criticism that the United States was deporting illegal immigrants who had been in the country for decades without committing crimes.

But Nashville immigration attorney Elliott Ozment, who has vigorously fought against immigration programs that have targeted noncriminal immigrants, said that federal officials in Tennessee continue to go forward with cases involving people who pose little or no risk to the public.

“That was true of both of my cases last Tuesday in court. One lady had no criminal convictions whatsoever. The other had only one conviction, which was driving without a license,” Ozment said. “There has been no change of policy. Despite the fact that people are celebrating, there’s not much to celebrate so far.”
Exceptions sought for high school grads

The Department of Homeland Security said the program may be slow to take effect given the volume of cases to review.

“No individual cases have been administratively closed or otherwise affected by the policy announced last week,” said DHS press secretary Matthew Chandler. “While the working group undertakes its efforts, immigration law will continue to be enforced as it was before the announcement.”

U.S. Sens. Dick Durbin, D-Ill., and Richard Lugar, R-Ind., sent Napolitano a letter asking her agency to stop deporting children who would be eligible under the proposed DREAM Act, a bill that could provide immigrant children who have lived in the United States most of their lives and successfully completed high school a chance at permanent status.

One example is the case of Mercedes Gonzalez, 18. Gonzalez was arrested for driving without a license and processed for deportation by the Davidson County Sheriff’s Office just days before she graduated from Overton High School. Her case is still ongoing.

Napolitano wrote that deporting low-risk immigrants “hinders our public safety mission — clogging immigration court dockets and diverting DHS enforcement resources away from individuals who pose a threat to public safety.”
Most cases involve no criminal record

Criticism across the nation has mounted against federal immigration policies.

According to the agency, only about 36 percent of immigration cases from 2007 through half of 2011 in the New Orleans district — which includes Alabama, Arkansas, Louisiana, Mississippi and Tennessee — involved immigrants with any sort of criminal background. The rest were deemed “non criminals.”

The new priorities could reverse that trend. Ozment said that he is supportive of Napolitano’s directive, so long as it’s actually followed.

“I think that is a good idea if they do it,” he said. “So far there’s only been talk and no action.”


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