Tens of thousands of immigrants who are in the U.S. illegally but don't have serious criminal records could be shielded from deportation under a policy change being weighed by Homeland Security Secretary Jeh Johnson.
The change, if adopted following a review ordered by President Barack Obama, could limit removals of people who have little or no criminal record but have committed repeat immigration violations such as re-entering the country illegally after having been deported, or failing to comply with a deportation order.
The possible move, confirmed by two people with knowledge of the review, would fall short of the sweeping changes sought by activists. They want Obama to expand a two-year-old program that grants work permits to certain immigrants brought here illegally as children to include other groups, such as the parents of any children born in the U.S.
John Sandweg, who until February served as acting director of U.S. Immigration and Customs Enforcement, said he had promoted the policy change for immigrants without serious criminal records before his departure and said it was being weighed by Johnson. An immigration advocate who has discussed the review with the administration also confirmed the change was under consideration. The advocate spoke on condition of anonymity because the proceedings are confidential.
"Any report of specific considerations at this time would be premature," Clark Stevens, a spokesman for the Homeland Security Department, said Monday. Stevens said Johnson "has undergone a very rigorous and inclusive process to best inform the review," including seeking input from people within DHS as well as lawmakers of both parties and other stakeholders.
The approach outlined by Sandweg and the immigration advocate would change the existing priority categories that now include immigrants who have re-entered the country after having been deported previously, and those who are fugitives from immigration proceedings. Such people would be taken off the priority list.
The remaining priority categories focus on recent border-crossers and immigrants who pose a danger to national security or public safety or who have been convicted of crimes. Some of those categories might also be refined or changed, and others could be added.
"The time had come to focus ICE's efforts exclusively on public safety and national security," Sandweg said in explaining why he pushed for the change. He estimated that some 20,000 deported immigrants fell into the categories in question last year.
The potential changes come as Johnson proceeds with a review ordered by Obama on how to make deportation policy more humane. With comprehensive immigration legislation stalled in the Republican-led House after passing the Senate last year, Obama has come under intense election-year pressure to stem deportations, which have neared 2 million on his watch, and allow more of the 11.5 million immigrants living here illegally to stay.
Many activists want sweeping action by Obama to give legal certainty and work permits to millions more immigrants, like he did for those who arrived illegally as children and attended school or served in the military.
It's not clear whether the administration ultimately will take such steps. Obama has said repeatedly his options are limited without action by Congress.
"The only way to truly fix it is through congressional action. We have already tried to take as many administrative steps as we could," Obama said last week at a news conference. "We're going to review it one more time to see if there's more that we can do."
For now, administration officials appear focused on more limited, near-term steps that could still make a difference for the immigrant population, according to lawmakers and activists who've met with administration officials.
Adjusting the department's priorities for deportation is one such approach. Depending on how it's done, it could have a significant impact by providing new guidance to ICE agents on the front lines. Activists want more wholesale changes; some say ICE agents don't always follow the priorities set by the administration.
At the same time, Obama would likely face GOP wrath for taking even the smallest steps toward providing relief to people in this country illegally. Republicans already accuse Obama's administration of subverting the law through previous moves to give "prosecutorial discretion" to immigration agents.