Sen. Charles Grassley (R-Iowa), the ranking member of the Judiciary Committee, asked Napolitano: “According to the information from your department, some individuals who are given relief will obtain work authorizations. So people with no right to be in the country will be allowed to work here. Is that correct?” Napolitano said: “Well, senator, since around 1986 there has been a process where those who are technically unlawfully in the country may apply for work authorization. This goes to CIS [Citizenship and Immigration Services]. It's not an ICE [Immigration and Customs Enforcement] or CBP [Customs and Border Protection] function. And those cases are reviewed by CIS in a case-by-case basis. So there’s no change in that process. Like I said, that goes back to the mid-80s that is contemplated now.”
Sen. Grassley then asked, “But yes, some of them could have an opportunity to work here even though they are here illegally?” “Well, that happens now, senator,” said Napolitano. The three agencies she mentioned are all components of DHS. Although Napolitano did not specify what 1986 policy she was referring to in her response to Sen. Grassley, President Ronald Reagan signed the Simpson-Mazzoli Act into law in November of that year. The act applied to illegal aliens who requested a change of status within 18 months of the law's passage and who had come into the United States prior to Jan. 1, 1982, and had resided in America since that time. According to the latest figures from the Department of Labor, the national unemployment rate is 9.1 percent and the number of unemployed persons has reached at least 14 million.
In a June 17 memo, ICE Director John Morton ordered federal immigration officials to use "prosecutorial discretion" in deciding which illegal aliens to remove from the country. The purpose of the “prosecutorial discretion” policy is to remove the worst offenders while releasing others, particularly victims of domestic violence and other crimes; witnesses to crimes; or people who are charged with minor traffic violations. “Exercising favorable discretion, such as release from detention and deferral or a stay of removal generally will be appropriate,” Morton said, unless the unauthorized alien poses national security concerns, has a “serious criminal history,” poses a threat to public safety, is a human rights violator or is involved in “significant” immigration fraud.
During Wednesday’s hearing, Napolitano mentioned that as a result of the “prosecutorial discretion” policy, the Obama administration will review “roughly 300,000” cases that are on the “master docket of what’s pending in immigration courts.” “The goal” of that process is “to administratively close some of the low priority cases so that we can facilitate handling the higher priority cases,” said Napolitano. That indicates that some illegal immigrants will be allowed to stay in the country because their cases will be closed. Although she did not rule out the possibility, Napolitano said that “absent unusual circumstances,” individuals with a final order of removal will not be eligible for relief once their case is reviewed.
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