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Records. we are talking about illegals who are already under arrest, in federal custody who have deportation cases going on. the allegation today, which is new is those cases are now being dropped because ice has chosen not to pursue them and instead is going to pursue only the criminals, the so-called criminals who are in custody, right. >> reporter: exactly that. now some may get what is called relief because they've either been victimized in some way or they are helping the government, law enforcement on other criminal cases, and so forth, they may get relief, and that may be standard opera...

Third of them convicted criminals from this country. this is all one great big p.r. stunt. >> it's too little too late actually. it's amazing that we have the secretary, assistant secretary down here talking about doing roundups. they rounded up 63 illegal aliens, criminals and took them into custody. this is something that the sheriff does on a routine basis here in which his boss, secretary napolitano actually condemned him for doing it and now they're here doing it themselves. so it's election season. they must have a new p.r. firm and they're trying to make themselves look better. >> you k...

Sensible and isn't going to happen. there isn't the money to do it and we need a balanced approach sheers on enforcement and at the same time recognizes we're not going to remove someone who has been they're 30 years, came as a three-year-old, and ends up, you know, having a good job, marrying a u.s. citizen. >> neil: does that mean, mr. morton, that this memo that is circulated about granting amnesty to a lot of them, maybe millions, is in the offing and being seriously considered? >> it isn't. that memo was a draft. it wasn't and i.c.e. memo and i can tell you -- >> neil: they would have had...

We have all sorts of memos in the works. >> big ideas. >> surprising that communications secretary gibbs would say we don't know about it. >> first of all, big ideas come from the top. that's the way everything works at companies, ok? that's point number one. point number two. this is shocking to me that the u.s. government or at least the administration or the department of homeland security would decide to totally go against potentially the will of the people and the way in which government works to do some sort of backdoor thing for votes. listen to what janet napolitano said about it. >> n...

Was a sneaky deliberate effort to get something done? >> i think it is a sneaky, deliberate effort to get something done. they say it is just a draft that doesn't mean anything. well, you know the bureaucracy. this is a very detailed memo. you put lawyers on writing a memo like that. somebody had something in mind when they said write that member movement i think it is just a -- trying to avoid the issue by saying it is a draft memo. >> greta: do you have any doubt of its authenticity? >> nobody has questioned it even the people in the department of homeland security even the people in the whi...