As our presidential hopefuls debate border security and immigration reform, many Americans may be unaware that President Obama has, in effect, authorized a version of the DREAM Act via an enforcement memo handed down by the director of U.S. Immigration and Customs Enforcement (ICE).
On June 17, 2011, ICE Director John Morton penned an order that directs enforcement agents to exercise “prosecutorial discretion” for any illegal alien who was born in the U.S., who is a student, or who has served in the military. In all, the memo lists 19 bullet points to take into consideration before an illegal alien is prosecuted, as well as eight categories of illegals who should prompt particular “care and consideration.” This directive, in effect, grants amnesty to illegal aliens. It was sent to “All Field Office Directors, All Special Agents in Charge, and All Chief Counsel,” and it charges them to “exercise prosecutorial discretion consistent with the civil immigration enforcement priorities of the Agency.”
Says columnist Charles Krauthammer, “The DREAM Act was rejected by Congress. It is now being enacted by the executive, despite the express will of the Congress. That is lawless. It may not be an explicit executive order; it’s an implicit one.”
The ICE memo cites a lack of resources, stating, “Because the agency is confronted with more violations than its resources can address, the agency must regularly exercise prosecutorial discretion.”