In the June 17, 2011 so called “Morton Memo” on Exercising Prosecutorial Discretion, and a subsequent question and answer guide (FAQ) regarding the Obama Administration and Department of Homeland Security (DHS) August 18 announcement, DHS has made clear that its highest enforcement priorities are national security, public safety, border security, and the integrity of U.S. immigration system (repeat immigration law violators).
According to the FAQ, DHS will have “zero tolerance” for those apprehended at the border. It specifically states that removal cases involving recent border crossers will not be included in the review of cases carried out by the newly established working group. However, at this time it is not clear how DHS – and in particular CBP and ICE – will define who is a “recent border crosser.”
Law-Related Reflections 