Another Expansion Of The Administrative Amnesty—First Two Misdemeanors Are Free!

U.S. Immigration and Customs Enforcement announced December 21, that it will end the detention and arrest of most illegal aliens in the United States and effectively repealed an Act of Congress, to wit the Immigration and Nationality Act.  In an expansion of the amnesty, those with two or fewer misdemeanor convictions will be amnestied. 

U.S. Immigration and Customs Enforcement

Civil Immigration Enforcement: Guidance on the Use of Detainers in the Federal, State, Local, and Tribal Criminal Justice Systems

Consistent with ICE's civil enforcement priorities and absent extraordinary circumstances, ICE agents and officers should issue a detainer in the federal, state, local, or tribal criminal justice systems against an individual only where (1) they have reason to believe the individual is an alien subject to removal from the United States and (2) one or more of the following conditions apply:

• the individual has a prior felony conviction or has been charged with a felony offense;
• the individual has three or more prior misdemeanor convictions;

Significantly missing from the list of other crimes that might qualify an illegal alien from arrest and detention is burglary.

o   the individual has a prior misdemeanor conviction or has been charged with a misdemeanor offense if the misdemeanor conviction or pending charge involving:
o  violence, threats, or assault;
o  sexual abuse or exploitation;
o  driving under the influence of alcohol or a controlled substance;
o  unlawful flight from the scene of an accident;
o  unlawful possession or use of a firearm or other deadly weapon;
o  the distribution or trafficking of a controlled substance; or
o  other significant threat to public safety;

Few realize that burglary is the entry level crime for opportunistic rapists and other violent crime.  Basically all those illegal aliens involved in criminal activity will be free from fear of deportation if caught early in their criminal career.  Basically your first two misdemeanors will be accompanied by an ICE Get Out Of Jail Free card.

Also absent from the list of applicable crimes is gang membership.

Think here of Edwin Ramos, the gangbanger who killed three in San Francisco.  Under this program this gangbanger would not be arrested or detained or deported.  He would be, as he was in real life, left by ICE on the streets to commit even greater crimes.  But rest assured, after he commits his first murder, he might be detained or deported.

While the memorandum is ostensibly directed at detention of the above classes of aliens, the message is loud and clear to ICE employees that arrests of said aliens is not in the officer or agents career interests.  Look forward to a spike in crime by eager illegal alien