Big Changes for ICE – Prosecutorial Discretion Can Make a Difference for Many Immigrants

On May 27th, Immigration and Customs Enforcement, commonly known as ICE, released a nationwide memorandum to guide the government’s immigration attorneys on removal policies and priorities.

It is one of the most progressive movements made to date under the Biden Administration to work with the immigrant community. This memo now provides a framework for the government’s representatives to follow to determine which cases to exercise their prosecutorial discretion.

What Is Prosecutorial Discretion?

Prosecutorial Discretion is the government’s ability to do or refrain from doing a multitude of things. It can work in many ways. It allows ICE to decide whether or not to detain someone, to place them in removal proceedings by issuing a Notice to Appear, or to dismiss a case that has been filed and is pending before the Immigration Court.

The memo instructs the government attorneys to consider relevant aggravating and mitigating factors to make their decision on whether to exercise prosecutorial discretion. Mitigating factors can include the individual’s length of residence in the United States, service in the US military, family or community ties in the US, circumstances of arrival in the US and the manner of their entry.

In many cases, this is a complete game-changer. Some individuals will now have options previously unavailable to them. It can also make a difference in case strategy. For example, an individual that would have been forced to handle their process abroad can potentially now find a way to resolve their immigration status inside of the United States without having to leave.

We are awaiting the local offices to react to this nationwide mandate, but we are confident that many individuals will be impacted positively by this change. Call us today to discuss your case. You may be the perfect candidate for this life-changing update!

See If This Will Affect Your Case in a Free Consultation