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INS ANNOUNCES PLACE TO DEVELOP GUIDELINES ON USE OF DISCRETION IN INSTITUTING DEPORTATION PROCEEDINGS
Since the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act in 1996, the INS has come under increasing fire for deporting long time lawful permanent residents for crimes committed years ago, and crimes that the average person considers petty.  When reproached for deporting someone to a country where they have not lived in years, often since infancy, the INS takes the position that it does not have the discretion to not pursue cases that come to its attention.  While it is true that the 1996 law did remove much of the discretion the agency previously enjoyed, the INS has moderated its position on discretion and is in the process of developing guidelines on the exercise of discretion.  
The INS is also developing guidelines to implement the discretion it possesses with regard to those who have been found to have voted illegally.  Under current law, the INS can forgo deportation of such people and grant them naturalization if they are otherwise eligible.  The proposed guidelines would address when the exercise of such discretion is appropriate. 
The statement from the INS also indicates that it supports current efforts to mitigate some of the harsher consequences of the 1996 legislation.
The statement is available on the INS website at http://www.ins.usdoj.gov/graphics/publicaffairs/statements/legislat.htm