The nine-page memorandum is the latest in a series of immigration
policy changes made by President Barack Obama since he took office.
The department has long had the power to stop deportations for
relatives of military members and veterans, but Friday's memo lays
out how and when it can be used.
The latest order gives U.S. Citizenship and Immigration Services
officials the power to "parole in place" immigrant spouses, children
and parents of current U.S. service members, reservists and
veterans. The change means that those immigrants can apply to
legally live in the United States.
Margaret D. Stock, an Alaska-based immigration attorney and retired
Army reserve lieutenant colonel, said the latest directive would
likely impact thousands of military families. "It is very
significant," Stock said. "It will ease the strain on so many
families and military members."
Peter Boogaard, a Homeland Security Department spokesman, said the
policy change would help "reduce the uncertainty our active duty and
retired military personnel face because of the immigration status of
their family members."
James Swartout, a Defense Department spokesman, said the military
appreciates the clarification on how immigrant family members of
service members are to be treated.
Obama is relying more often on making relatively minor
administrative changes to America's complicated immigration system,
as the likelihood dims that Congress will overhaul the law. He
pledged twice as a presidential candidate to pass immigration
reforms.
Obama's changes initially were broad and controversial. He
instructed the government to use its discretion to find and deport
only the most serious criminals. Then in mid-2012, he announced a
plan to offer young immigrants in the country illegally a reprieve
from deportation and work permits for at least two years.
Now, as it appears less likely that Congress will change immigration
laws, the White House is chipping away at the edges with relative
minor procedural changes.
U.S. Immigration and Customs Enforcement told managers in August how
to deal with immigrant parents or legal guardians of young children.
The memoranda said that before someone is deported, ICE officials
should consider whether he or she is the primary caregiver for a
minor child, has a direct interest in a family court or welfare
proceeding or is the parent or guardian to children who are U.S.
citizens or legal permanent residents.
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The administration has also allowed immigrant spouses and children
of U.S. citizens to stay in the United States in some cases.
Other rule changes gave more flexibility to the Homeland Security
Department's use of immigration holds for people in local jails.
House Republicans have long criticized the administrative changes.
Obama has repeatedly said immigration reform is a top priority of
his administration. His selection of Jeh Johnson, the Pentagon's
former top lawyer, who has no immigration experience, as the next
Homeland Security secretary signals that the White House, rather
than the department, will now lead the push for immigration law
changes.
The Senate earlier this year passed a sweeping bill that called for
the doubling of the Border Patrol and a path to legal status for the
estimated 11 million immigrants already living illegally in the
country.
But activity has stalled in the House. On Wednesday, House Speaker
John Boehner said the House will not hold formal compromise talks on
the Senate-passed bill. It faces strong opposition from House
Republicans who have objected to a comprehensive approach. Many of
them don't like the idea of offering citizenship to people who broke
immigration laws to travel to the U.S.
During a citizenship swearing-in ceremony, Vice President Joe Biden
on Thursday said he was "extremely disappointed" with Boehner's
pronouncement.
[Associated
Press; ALICIA A. CALDWELL]
Follow Alicia A.
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