ICE Director John Morton,
This Administration’s ever-expanding policy of “prosecutorial discretion” that allows certain illegal aliens to avoid deportation and even get work permits gives ICE agents the discretion to determine which illegal aliens meet the criteria originally outlined in your August 2011 memo. However, it appears that your policy of “prosecutorial discretion” does not allow for any discretion whatsoever.
By threatening your law enforcement officers with suspension for exercising their discretion, you are sending the message that, rather than having discretion to determine who is eligible for amnesty, ICE officers are required to turn a blind eye anytime they encounter any illegal alien who has not been convicted of a specific violent crime, regardless of how dangerous that alien may be.
It is alarming to me to learn that law enforcement agents who are doing their job are facing suspension for following your specific directions in the course of trying to enforce immigration laws. Law enforcement officers should be encouraged to enforce the laws of the United States equally to all people.
Please encourage law enforcement agents to enforce the law, but do not punish them for doing so.