Morton Memo Applies to CNMI

October 23, 2011

USCIS Public information Officer Lori K. Haley confirmed that the Morton Memo, which addresses the deportation or removal of out of status aliens in the U.S., will be honored in the CNMI. (See these posts, Immigration Reform Moving Forward, DHS to Review 300,000 Deportations Cases)

The discretionary memo was released on June 17, 2011 by ICE Director John Morton.

The memo lists 19 humanitarian criteria that should be considered when deciding whether prosecutorial discretion should be applied:
  • the agency’s civil immigration enforcement priorities;
  • the person’s length of presence in the United States, with particular consideration given to presence while in lawful status;
  • the circumstances of the person’s arrival in the United States and the manner of his or her entry, particularly if the alien came to the United States as a young child;
  • the person’s pursuit of education in the United States, with particular consideration given to those who have graduated from a U.S. high school or have successfully pursued or are pursuing a college or advanced degrees at a legitimate institution of higher education in the United States;
  • whether the person, or the person’s immediate relative, has served in the U.S. military, reserves, or national guard, with particular consideration given to those who served in combat;
  • the person’s criminal history, including arrests, prior convictions, or outstanding arrest warrants;
  • the person’s immigration history, including any prior removal, outstanding order of removal, prior denial of status, or evidence of fraud;
  • whether the person poses a national security or public safety concern;
  • the person’s ties and contributions to the community, including family relationships;
  • the person’s ties to the home country and conditions in the country;
  • the person’s age, with particular consideration given to minors and the elderly;
  • whether the person has a U.S. citizen or permanent resident spouse, child, or parent;
  • whether the person is the primary caretaker of a person with a mental or physical disability, minor, or seriously ill relative;
  • whether the person or the person’s spouse is pregnant or nursing;
  • whether the person or the person’s spouse suffers from severe mental or physical illness;
  • whether the person’s nationality renders removal unlikely;
  • Whether the person is likely to be granted legal status or other relief from removal, including as a relative of a U.S. citizen or permanent resident;
  • whether the person is likely to be granted temporary or permanent status or other relief from removal, including as an asylum seeker, or a victim of domestic violence, human trafficking, or other crime; and
  • whether the person is currently cooperating or has cooperated with federal, state, or local law-enforcement authorities, such as ICE, the U.S Attorneys or Department of Justice, the Department of Labor, or National Labor Relations Board, among others.
The Morton Memo also lists specific classes of persons who should be given “particular care” when making prosecutorial decisions including:
  • veterans and members of the U.S. armed forces;
  • long-time lawful permanent residents;
  • minors and elderly individuals;
  • individuals present in the United States since childhood;
  • pregnant or nursing women;
  • victims of domestic violence, trafficking, or other serious crimes;
  • individuals who suffer from a serious mental or physical disability; and
  • individuals with serious health conditions.
If this memo is followed no long-term foreign worker should be removed from the CNMI. However, we also know that the CNMI has been treated differently than the U.S. mainland in regards to alien issues. While 11 million undocumented aliens have been included in Congressional immigration reform legislation, the 16,000 LEGAL aliens of the CNMI have been typically excluded or partially included in inferior legislation.

Haley was quoted in the Saipan Tribune:
“The memo you're referring to, which was issued by ICE Director John Morton in June 2010, provides guidance to ICE personnel agency-wide, including in the CNMI, about the agency's enforcement priorities. Specifically, ICE is focused on smart, effective immigration enforcement that prioritizes efforts to target those who present a risk to public safety or national security, along with criminal aliens and egregious immigration violators,” she said.
Haley also said that rumors of ICe turning an old garment factory into a detention center for overstayers was not true. The Tribune article stated:
Lori K. Haley, public affairs officer with ICE out of California, said ICE's Enforcement and Removal Operations Division recently signed a contract to relocate its administrative offices on Saipan to a building that will better facilitate the division's day-to-day operations, but it will not have an overnight detention area.

“Like most law enforcement facilities, the new office will have secure space for interviewing and briefly holding individuals who are taken into custody by ICE. However, it will not have overnight detention space,” she told Saipan Tribune.

Haley said anyone arrested by ICE who is going to remain in the agency's custody for more than 12 hours will be transferred to ICE's existing contract detention center on Saipan. That center is operated by the CNMI Department of Corrections in Susupe.

7 comments:

the teacher said...

I've never thought many would be deported other than criminals, but having people stay without a job, no permit to work, no visable means of support, is creating an abusive labor climate, driving wages into the twilight zone, and planning a ghetto for the CNMI.

Anonymous said...

That's exactly why longterm OCWS who are legal should be given green cards. Umbrella permits showed what happens when people are allowed to remain, but have their travel restricted.

What do you think H.R. 1466 does? Exactly the same thing. It allows any OCW with a US citizen family member to stay. Do you know how many of those OCWs don't have jobs? If you guessed thousands, then you would be right. But no fear, because the Delegate has a solution. Get SNAP approved and let them all go on food stamps.

Green cards gives the longterm OCWs the freedom to leave to get a job elsewhere if they become unemployed or are unemployed.

Who created an abusive labor climate? Who turned the NMI into a ghetto? Go further back in history, teacher. It was the NMI government with its lack of leadership and failure to raise revenue.

Anonymous said...

I love how everyone seems to think getting a green card and all the unemployed and under employed will just pack up their family and move to the states. Once there they will try and find a job. Get real these same people are moaning that they can't afford to move back to the PI or China. What does a ticket cost to fly there??? several hundred?? how much to fly your family to Des Moines Iowa and then find a place to live (thousands each) while you look for a job among millions of unemployed Americans, who speak english as a first language. How many housekeeper, jainitor, maids and storekeepers are finding work currently in the U.S. ?? Do you think they want even more?? I have more respect for those GWs who admit they want the gravey train of benefits that the U.S. lavishes on its people unlike thier home countries than those who lie about it when it is obvious. Why would they claim that they can't leave Saipan which is really become no better that an not so upscale suburb of Manila or Bejing.... don't believe me, then do more than drive down beach road when you come down off of wireless ridge or Papago and see what it is like in CK, DanDan, San Antonio or the backside of Garapan.......

Anonymous said...

Morton Memo was released June 2010??? how come i am now on a removal proceedings even though i don't have any criminal case or not even a threat to the community as a matter of fact I am a victim of abuse... so unfortunate that my 4 kids will be left behind if they judged me to be deported...ICE and USCIS don't know what they are doing. Poor children of US they are being treated as a commodity... may God just touch their hearts :(

the teacher said...

"That's exactly why longterm OCWS who are legal should be given green cards. Umbrella permits showed what happens when people are allowed to remain, but have their travel restricted."

I agree 100% but I'm not the giver of green cards and it ain't happening and law abiding citizens have to follow the law.

"What do you think H.R. 1466 does? Exactly the same thing. It allows any OCW with a US citizen family member to stay. Do you know how many of those OCWs don't have jobs? If you guessed thousands, then you would be right. But no fear, because the Delegate has a solution. Get SNAP approved and let them all go on food stamps."

Again, I agree 100% economically but I couldn't vote against anything that would help the lives of so many children, so many of MY former staudents.

"Green cards gives the longterm OCWs the freedom to leave to get a job elsewhere if they become unemployed or are unemployed."

I agree and thought I was the originator of such logic here, but local businesses, the administration, Guam, and Americans have said NO, and we can complain all we want but that isn't going to change soon.

"Who created an abusive labor climate? Who turned the NMI into a ghetto? Go further back in history, teacher. It was the NMI government with its lack of leadership and failure to raise revenue."

The teacher is well aware that the above is correct, but it is 2011, the garment industry is gone, and these past abuses are a contributing factor to the rules now in place.

Green Cards for All! said...

The Morton memo is not an amnesty.

I would be careful about applying for Parole in Place if one is clearly not qualified, because it could be putting you at the head of the line for removal.

Wendy Doromal said...

Ron

You said, "I agree 100% but I'm not the giver of green cards and it ain't happening and law abiding citizens have to follow the law." What? Look at all of the unjust and un-American laws that were overturned by people who had principles and conviction. People were told that slavery would never end, but they fought on because they knew it was wrong and they won that fight. People were told that women would never get the vote, but they knew right from wrong, they persisted and were victorious. People knew segregation had to end and through their untiring efforts it has. What has happened to people, including members of the U.S. Congress, that they use "it won't happen" for an excuse to do the wrong things, to hurt people, to continue oppression, to do harm that can never be undone? What is it? I do not know this country anymore.