Prosecutorial Discretion Urged at Immigration Committee Hearing

he New York City Council’s Committee on Immigration held a hearing recently to deal with Resolution 1153, introduced by the committee’s Chair, Council Member Kendall Stewart, and Council Member Bill de Blasio, Chair of the General Welfare Committee. This legislation urges the Office of Immigration Customs Enforcement to exercise prosecutorial discretion and decline to carry out removal orders in exceptional situations where deportation would cause extreme hardship to individuals themselves, their families, or community members.

This legislation is necessary because, in 1996, changes in immigration law took away much discretion from judges, although immigration officials were left with the authority to determine whether or not to enforce removal orders. Consequently, there are many persons who committed an infraction fifteen or twenty years ago who now find themselves in deportation detention – even though long ago they completely changed their lives and have become highly respected members of their communities.

The resolution highlights two cases. The first is that of Nigerian-born Chibueze Okorie, who is, by any standard, a stellar example of someone who turned his life around after making some mistakes. He is now an extremely valuable asset to his community through his work with the Church of the Gethsemane and with his own non-profit organization assisting inmates and former inmates. The second case is that of Andrea Mortlock, who is severely ill with AIDS. Forcing her to return to Jamaica would almost certainly deprive her of the constant medical attention and support crucial to her survival.

First to testify was Professor Leon Wildes from the Immigration Clinic at the Cardozo Law School. He provided an overview of immigration law and use of prosecutorial discretion, showing that it is every foreign-born person’s right to request this consideration. He also spoke about the drastic changes in immigration law enacted by the Congress in 1996, and said he is "very favorably impressed that the Immigration Committee and City Council have taken up this issue."

Next to speak was Chibueze Okorie, who explained how, after having committed a drug-related offense in 1989, he went on to become a completely changed man. Following his release and three years on parole, in the early 1990s he joined the Church of Gethsemane in Park Slope, Brooklyn. He then devoted his life to serving the church and its congregants. As Minister of Evangelism and an elder in the church, he has ministered to hundreds of formerly incarcerated individuals, as well as to their families.

Okorie went on to earn a Certificate in Christian Ministry from the New York Theological Seminary, and in 2004 he established the charitable, non-profit organization Community Central Re-Entry. His mission is to provide crucial services to former inmates that will help them reintegrate productively into society. The organization also helps families provide support.

Okorie explained that if he’s forced to return to Nigeria, he will likely be rearrested, since deportees are routinely imprisoned and even tortured when they're sent back. What’s more, he has in his care his six-year-old son – a US citizen – who he loves very much and wants to raise. He also has many family members in Nigeria who are dependent on him financially.

Following Chibueze Okorie’s testimony, Dr. Eleanor Moody-Shepherd, a former professor of his at the New York Theological Seminary, told of her experience with him in the Certificate Program for Christian Ministry. Not only did he demonstrate academic excellence, but he was a leader among his peers, helping to organize student events and getting involved in the prison ministry. "I know that Mr. Okorie has changed," Dr. Moody-Shepherd declared emphatically. "Not only does he say he changed, but his work speaks for him."

The Church of Gethsemane’s Rev. Liz Alexander described the widespread support Chibueze Okorie has behind him at the local, state and federal levels. Okorie's valuable contributions have been recognized by many institutions, including the New York City Council, the NYC Chapter of the National Black and Presbyterian Caucus, and the Brooklyn Society for Ethical Culture. Numerous religious leaders have leant their support to Okorie’s efforts to remain in this country, and at least twenty elected officials at the local, state and federal levels have written to immigration officials requesting that Chibueze Okorie be allowed to stay.

Also presenting testimony was former inmate, Ray Rios, who said, "After ten years in prison, I came home with $40 and a dream about starting over and having a new life. My journey was nine months of job searching, no money and lots of family issues. Discouragement was my reality."

Rios told of how, through it all, Okorie was there for him, drawing him into his church work and making him feel needed. "I felt I was part of something," Rios explained. "Brother Chibueze shared his story with me about being formerly incarcerated and was always an inspiration to me."

Now Rios has a great job, a wife and child, and owns a home in Brooklyn. "I owe most of this to my brother," he said. "Sending him away would be a sin against the community."

The committee then turned its attention to the case of Andrea Mortlock, a Jamaican-born woman who entered the US in 1979 at the age of 15 as a lawful permanent resident. In 1987, she was convicted of the sale of a controlled substance and served a one-year sentence.

In 1995, her failure to attend an immigration hearing led to the issuance of a deportation order in absentia. She was held in immigration detention for almost three years before a federal judge ordered her release in 2003.

In 1988, Mortlock was diagnosed with HIV/AIDS. Earlier this year, she was hospitalized with pneumonia and now suffers from extreme wasting syndrome and neuropathy. Despite her illness and despite the fact that she has reported regularly to immigration headquarters and has had no more contact with the criminal justice system, Mortlock was unexpectedly taken into custody on August 11^th and sent to a Passaic County jail in Paterson, New Jersey, where she was held until September 13^th. During that time she was unable to see her physician, missed crucial medications, and failed to get critical dietary supplements regularly.

Unfortunately, Andrea Mortlock wasn’t well enough to attend the hearing; however, peaking on her behalf were her attorney Olivia Cassin; her physician, Dr. Gabriela Rodriguez; and Rebecca Schleiffer, a principal researcher with Human Rights Watch, reporting on HIV/AIDS in Jamaica. They provided details of how they are fighting Mortlock’s case, the alarming status of her illness, and what will befall her if she’s sent back to Jamaica.

Stated Schleiffer, "I strongly believe that if Miss Mortlock is deported to Jamaica, she will risk serious harassment based on her HIV/AIDS status. I found a pattern of violence and discrimination against people with HIV/AIDS that pose serious barriers to obtaining medical care – or even getting passage on public and private transportation and being able to live safely in one's home with one's family."

The entire Immigration Committee was clearly affected by the testimony presented. Council Member Kendall Stewart pointed out that in Andrea Mortlock’s case, "This is like passing a death sentence on someone who committed an infraction years and years ago. This is so inhumane," he concluded, "and we will continue to see what actions can be taken."

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