Members of the Arizona National Guard monitor the border from the Yuma Station Communications Center.
trade relationships. “They’re not a hot button political issue,” says Morton. “People recognize their importance and we’re out there doing it every day out of the spotlight.” But immigration is a more charged issue. “Both sides of the aisle hold deep and passionate views about immigration,” he says. “It’s an issue that we’ve struggled with as a country for decades, and we can’t quite get it right. Now we’re back to a general recognition that the system we have isn’t working well. It needs reform, but the devil is in the details. People disagree passionately what that reform is and how it should look. “ A reformer and innovator by nature, Morton needs those skills to help ICE fulfill its responsibility to the American people. “We have tremendous jurisdiction,” he says. “The truth of the matter is that we don’t have enough resources to do every single thing within our jurisdiction at the level we would like. We have to make wise decisions about how to use our resources and focus on priorities. “Am I written every day by somebody who thinks I’m getting it wrong? You bet,” he says. “My view is there’s just no other way for good governance other than try to figure out the best policy; make the best judgments you can based on your expertise, common sense, good judgment, and the law; and then go forward. Will there be people upset with
you? Absolutely. That’s the nature of this business. If you didn’t want to be part of something where you get criticism or a nasty editorial from time to time, you wouldn’t take this job.” In immigration enforcement, ICE’s first priority is to identify and remove criminal offenders and other people who pose an immediate threat to homeland safety, such as gang members and fugitives. “We need to make sure that there’s basic integrity in our border controls, that our immigration processes are fair, and that we investigate and prosecute those who abuse them. We go after people who knowingly flout the law. If you become a fugitive, we’re going to spend time trying to find you and send you home. If we fail to do that, then the system has no integrity and badly undermines the American people’s confidence in the system. “ ICE’s overall strategy is to strengthen worksite enforcement while fostering a culture of compliance by U.S. employers. “If we’re going to make any sustained change and reform to the immigration system and the way it operates,” says Morton, “and if we want to make any real dent in unlawful immigration into this country, we’re going to have to do it through stronger oversight of worksite enforcement rules.”
UVA Lawyer • Spring • 2010
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