The ICE Prosecutorial Discretion Memo - Part 1
August 10, 2011 By Davis & Associates
The author talks about the recent Memo that was released by leadership at Immigration and Customs Enforcement relating to those facing deportation from the US.
You can find the memo here:
http://www.ice.gov/doclib/secure-communities/pdf/prosecutorial-discretion-memo.pdf
The recent memorandum is from John Morton, Director of Immigration and Customs Enforcement (ICE). It is titled, “Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens.” It calls for ICE agents, officials, and attorneys to use a more critical analysis when considering how best to use its limited resources to handle its mandate to enforce US immigration law. For example, college students who are illegally in the US without any criminal record probably should be less of an enforcement priority than someone illegally in the US with a string of convictions for violent crimes. The decision about whether or not to prosecute the immigration violator falls under ICE’s discretionary authority.
“Prosecutorial discretion” refers to ICE’s authority to determine the degree to which it will enforce US civil immigration laws against a specific foreign national. The options range from detention to deportation, and to charge or not to charge the individual with immigration violations. The memo recognizes that each foreign national’s individual case is different, and those differences ought to be taken into consideration.
ICE personnel specifically authorized to exercise prosecutorial discretion includes Enforcement and Removal Operations (ERO) officers and agents; Homeland Security Investigations (HSI) officers and agents; ICE attorneys within the Office of the Principal Legal Advisory (OPLA); and the Director, Deputy Director, and senior staff. These individuals can decide whether to detain, charge or place immigration law violators into processing for deportation or not.
ABOUT THE AUTHOR: Garry L. Davis
Davis & Associates is the one stop shop for all things related to legal services for US Immigration Law. Our practice is focused exclusively on providing immigration legal services of the highest quality with uncompromising commitment to responsiveness and exemplary service. Immigration law is a changing and diverse field controlled and directed by regulatory boards and governed by the United States congress.
Copyright Davis & Associates
More information about Davis & Associates
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
http://www.ice.gov/doclib/secure-communities/pdf/prosecutorial-discretion-memo.pdf
The recent memorandum is from John Morton, Director of Immigration and Customs Enforcement (ICE). It is titled, “Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens.” It calls for ICE agents, officials, and attorneys to use a more critical analysis when considering how best to use its limited resources to handle its mandate to enforce US immigration law. For example, college students who are illegally in the US without any criminal record probably should be less of an enforcement priority than someone illegally in the US with a string of convictions for violent crimes. The decision about whether or not to prosecute the immigration violator falls under ICE’s discretionary authority.
“Prosecutorial discretion” refers to ICE’s authority to determine the degree to which it will enforce US civil immigration laws against a specific foreign national. The options range from detention to deportation, and to charge or not to charge the individual with immigration violations. The memo recognizes that each foreign national’s individual case is different, and those differences ought to be taken into consideration.
ICE personnel specifically authorized to exercise prosecutorial discretion includes Enforcement and Removal Operations (ERO) officers and agents; Homeland Security Investigations (HSI) officers and agents; ICE attorneys within the Office of the Principal Legal Advisory (OPLA); and the Director, Deputy Director, and senior staff. These individuals can decide whether to detain, charge or place immigration law violators into processing for deportation or not.
ABOUT THE AUTHOR: Garry L. Davis
Davis & Associates is the one stop shop for all things related to legal services for US Immigration Law. Our practice is focused exclusively on providing immigration legal services of the highest quality with uncompromising commitment to responsiveness and exemplary service. Immigration law is a changing and diverse field controlled and directed by regulatory boards and governed by the United States congress.
Copyright Davis & Associates
More information about Davis & Associates
View all articles published by Davis & Associates
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
