Child pornography not an automatic cause for deportation

www.washingtontimes.com
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fairly difficult
An illegal immigrant caught with child pornography isn't an automatic target for deportation under ICE's new enforcement rules, The Washington Times has learned.
An Immigration and Customs Enforcement employee revealed the situation during an online town hall with Homeland Security Secretary Alejandro Mayorkas last week, according to notes of the forum.

The employee, who was not identified, posted a question to the chat asking if Mr. Mayorkas and ICE would create a system "to highlight cases that do not meet the standard guidelines" for deportation priorities but "still should be looked at.

"For example, a visa overstay arrested with child porn," the employee wrote, adding it was not an "ag" — a reference to an aggravated felony, which is the minimum standard for becoming an automatic deportation priority under the new guidance, along with national security cases and recent border jumpers.

A "visa overstay" is the government's term for someone who arrives in the U.S. on a legal temporary visitor's permit who does not leave the country when his or her time is up. At that point they become illegal immigrants and deportable in the same category as someone who jumped the border without permission.

Mr. Mayorkas didn't end up getting asked the question, but The Washington Times reached out to ICE, which didn't deny the employee's claim, but said crimes against children are "a top public safety priority" for the agency.

ICE also said that even cases that aren't automatic priorities can still lead to arrests and deportations under the new Biden administration…
Stephen Dinan
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