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Offered by Brighton Attorney Gregory R. McMahon

Immigration law is a hot topic these days. Immigration law is presently evolving so it is important to know the latest updates and consult an immigration attorney immediately if you have questions. In the next few months, I will overview recent changes to immigration policy and how immigration law and criminal law often intersect.

On January 25, 2017, the President signed an Executive Order: “Enhancing Public Safety in the Interior of the United States.” The website has a copy of the entire Executive Order. I will summarize the order: “The purpose of this order is to direct executive departments and agencies (agencies) to employ all lawful means to enforce the immigration laws of the United States.

Section five of the January 25, 2017 Executive Order outlines the Enforcement Priorities. It directs the United States Department of Homeland Security to prioritize those aliens and removable aliens who:
(a) Have been convicted of any criminal offense;
(b) Have been charged with any criminal offense, where such charge has not been resolved;
(c) Have committed acts that constitute a chargeable criminal offense;
(d) Have engaged in fraud or willful misrepresentation in connection with any official matter or application before a government agency;
(e) Have abused any program related to receipt of public benefits;
(f) Are subject to a final order of removal, but have not complied with their legal obligation to depart the United States; or
(g) In the judgment of an Immigration officer, otherwise pose a risk to public safety or national security.”

Section 8 of the Executive Order empowers “State and local law enforcement agencies across the country to perform the functions of an immigration offi cer in the Interior of the United States to the maximum extent permitted by law.’

What does all this mean locally? The Immigration and Customs Enforcement (ICE) agency says it will not arrest at sensitive locations such as schools and churches.

Moreover, for Denver (ICE) Field Office, the priorities are still aggravated felons, sex offenders, recent DUI’s, and national security.

Neither the author nor editor of the Brighton Buzz takes any position or opinion on this issue. The sole purpose is to keep you informed.

The information in this column is not legal advice and does not create an attorney-client relationship.

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