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| Why US drug reform still couldn't stop deportation of two immigrants | Why US drug reform still couldn't stop deportation of two immigrants |
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| US immigration officials routinely deport non-citizens with felony drug convictions, but advocates were shocked this week when Immigration and Customs Enforcement found “no compelling reason” to stop the removal of two longtime legal permanent residents granted early release from prison. | US immigration officials routinely deport non-citizens with felony drug convictions, but advocates were shocked this week when Immigration and Customs Enforcement found “no compelling reason” to stop the removal of two longtime legal permanent residents granted early release from prison. |
| Junior Francisco and Rodolfo Padilla were serving multi-year sentences for nonviolent drug offenses until last November, when the Justice Department retroactively reduced their punishments. They were among nearly 6,000 men deemed safe to re-enter society, and along with 1,789 other immigrants, they were transferred to detention. | Junior Francisco and Rodolfo Padilla were serving multi-year sentences for nonviolent drug offenses until last November, when the Justice Department retroactively reduced their punishments. They were among nearly 6,000 men deemed safe to re-enter society, and along with 1,789 other immigrants, they were transferred to detention. |
| Related: Immigrant facing deportation could be first to benefit from US drug law reform | Related: Immigrant facing deportation could be first to benefit from US drug law reform |
| A 2014 memo by the head of the Department of Homeland Security urges ICE to de-prioritize the removal of those convicted of drug offenses, if “there are compelling and exceptional factors that clearly indicate the alien is not a threat to national security border security, or public safety and should not therefore be an enforcement priority”. But thus far, none of these immigrants whose sentences were reduced has been released from prison without facing deportation. | A 2014 memo by the head of the Department of Homeland Security urges ICE to de-prioritize the removal of those convicted of drug offenses, if “there are compelling and exceptional factors that clearly indicate the alien is not a threat to national security border security, or public safety and should not therefore be an enforcement priority”. But thus far, none of these immigrants whose sentences were reduced has been released from prison without facing deportation. |
| Several legal advocates said they decided to request special consideration for the two men after M. Elizabeth Cedillo-Pereira, a top adviser to the director of Immigration and Customs Enforcement, met with them around the time of the mass release and encouraged them to present compelling cases for “prosecutorial discretion” from members of this group. Cedillo-Pereira did not respond to a request for comment. | Several legal advocates said they decided to request special consideration for the two men after M. Elizabeth Cedillo-Pereira, a top adviser to the director of Immigration and Customs Enforcement, met with them around the time of the mass release and encouraged them to present compelling cases for “prosecutorial discretion” from members of this group. Cedillo-Pereira did not respond to a request for comment. |
| But earlier this month ICE field office directors issued curt refusals in matching letters to Francisco and Padilla, in response to thick briefs submitted for each man raising different concerns. Francisco has three young US children, and Padilla has a special needs child and a severely ill wife who are both citizens. Since Cedillo-Pereira had promised to monitor such cases, their lawyers followed-up with her at ICE headquarters and asked for a review of the decision. | But earlier this month ICE field office directors issued curt refusals in matching letters to Francisco and Padilla, in response to thick briefs submitted for each man raising different concerns. Francisco has three young US children, and Padilla has a special needs child and a severely ill wife who are both citizens. Since Cedillo-Pereira had promised to monitor such cases, their lawyers followed-up with her at ICE headquarters and asked for a review of the decision. |
| The response alarmed Antonio Ginatta, US Advocacy Director for Human Rights Watch. “We requested a meeting,” he said. “We never got one.” | The response alarmed Antonio Ginatta, US Advocacy Director for Human Rights Watch. “We requested a meeting,” he said. “We never got one.” |
| Then on Monday evening, Cedillo-Pereira emailed the men’s lawyer a one-sentence confirmation “that the review process has been completed and that both requests were reviewed and the decision was made that prosecutorial discretion would not be exercised in these matters.” | Then on Monday evening, Cedillo-Pereira emailed the men’s lawyer a one-sentence confirmation “that the review process has been completed and that both requests were reviewed and the decision was made that prosecutorial discretion would not be exercised in these matters.” |
| “If not them, then who?” said Heidi Altman, with the Capital Area Immigrant Rights (Cair) Coalition, who shared the email with the Guardian. “That just doesn’t cut it when you’re talking about individual lives and men whose US citizen families will face tragedy when they’re deported”. | “If not them, then who?” said Heidi Altman, with the Capital Area Immigrant Rights (Cair) Coalition, who shared the email with the Guardian. “That just doesn’t cut it when you’re talking about individual lives and men whose US citizen families will face tragedy when they’re deported”. |
| An ICE spokesperson did not comment specifically on the cases of Padilla and Francisco, but said each request is examined individually. “We go through all the evidence and testimony presented,” she said. “If it does not backup their claims, it is hard to grant prosecutorial discretion.” | An ICE spokesperson did not comment specifically on the cases of Padilla and Francisco, but said each request is examined individually. “We go through all the evidence and testimony presented,” she said. “If it does not backup their claims, it is hard to grant prosecutorial discretion.” |
| Altman argues ICE “had ample opportunity to raise any specific concerns and give them the opportunity to respond, which basic fairness and decency requires”. | Altman argues ICE “had ample opportunity to raise any specific concerns and give them the opportunity to respond, which basic fairness and decency requires”. |
| ICE’s decision means both men will appear via video link at a final hearing before an immigration judge, then are likely to be deported and barred from ever returning to the United States. | ICE’s decision means both men will appear via video link at a final hearing before an immigration judge, then are likely to be deported and barred from ever returning to the United States. |
| Among the documents submitted to ICE is a letter from Francisco’s tween daughter, Camila. She writes, “I miss my father. I need him, all I need right now is him… Sometimes, just thinking about this makes me burst into tears.” | Among the documents submitted to ICE is a letter from Francisco’s tween daughter, Camila. She writes, “I miss my father. I need him, all I need right now is him… Sometimes, just thinking about this makes me burst into tears.” |
| “The government made their decision to separate our family,” said Francisco’s wife, Mirtha Pellerano, and mother of his children, who are all US citizens. | “The government made their decision to separate our family,” said Francisco’s wife, Mirtha Pellerano, and mother of his children, who are all US citizens. |
| Describing the difficult phone conversation she and her husband had Tuesday with their two daughters, and young son, she recalled: “We told them he will be there for us, no matter what country he is in.” | Describing the difficult phone conversation she and her husband had Tuesday with their two daughters, and young son, she recalled: “We told them he will be there for us, no matter what country he is in.” |
| Mr Francisco, who is originally from the Dominican Republic, told The Guardian: “I recognize that I made an error. The only thing I asked for was a second chance.” | Mr Francisco, who is originally from the Dominican Republic, told The Guardian: “I recognize that I made an error. The only thing I asked for was a second chance.” |
| “The separation of a family of four citizens and a lawful permanent resident is incredibly disproportionate to his offense,” said HRW’s Ginatta. “But recognition of this harm is missing from the conversation about criminal justice reform.” | “The separation of a family of four citizens and a lawful permanent resident is incredibly disproportionate to his offense,” said HRW’s Ginatta. “But recognition of this harm is missing from the conversation about criminal justice reform.” |
| Data HRW obtained from DHS through a Freedom of Information Act request reveals deportations after convictions for drug possession spiked 43% from 2007 to 2012. | Data HRW obtained from DHS through a Freedom of Information Act request reveals deportations after convictions for drug possession spiked 43% from 2007 to 2012. |
| This comes as Barack Obama granted clemency on Wednesday to 61 non-violent drug offenders, noting it “reminded me how out of proportion and counterproductive so much of our sentencing is when it comes to our drug laws.” | This comes as Barack Obama granted clemency on Wednesday to 61 non-violent drug offenders, noting it “reminded me how out of proportion and counterproductive so much of our sentencing is when it comes to our drug laws.” |
| “We all make mistakes,” Obama explained. “But we as a society have to make sure that people who do take responsibility, and own and learn from those mistakes are able to continue to be part of the American family.” |