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House testimony: ICE on prosecutorial discretion

"DHS and DOJ have recently established an interagency working group to implement existing guidance regarding the appropriate use of prosecutorial discretion in a manner consistent with our enforcement priorities. This interagency working group will work to determine that immigration judges...

Major movement on prosecutorial discretion front

On Nov. 17, 2011 ICE posted a memo to the web entitled " Next Steps in the Implementation of the Prosecutorial Discretion Memorandum and the August 18th Announcement on Immigration Enforcement Priorities ." EOIR released a related statement . AILA also released a related statement . ...

Immigrants cautious as possible reprieves loom

"Immigrant groups want the government to more consistently stay the cases of people who have not committed a crime. But federal officials warned that they cannot rush the decision of whether to grant a stay or deport someone. Each case is decided on its merits, and immigrants must be scrutinized...

ICE drops immigration charges, releases Alabama woman after Gutierrez meeting with Napolitano

"Immigration officials released an undocumented Alabama woman from custody on Thursday, about four hours after a Democratic congressman told Department of Homeland Security Janet Napolitano about her case. The woman, a 19-year-old named Martha, was stopped on Dec. 3 for driving without lights...

Are ICE attorneys in Arizona thwarting prosecutorial discretion?

Phoenix immigration attorney David Asser thinks Arizona ICE attorneys and local prosecutors have conspired to create a " morally reprehensible, vile and base " method for an end-run around the new ICE prosecutorial discretion policy . Let's see how ICE responds (if at all) to Mr. Asser's...

ABA on ICE prosecutorial discretion

"On behalf of the American Bar Association (ABA), I write to commend the Department of Homeland Security’s announcement that the Department will exercise its prosecutorial discretion with respect to deportation and removal cases in a more robust manner. While we applaud this initiative, the...

Falling through the Cracks: How Gaps in ICE's Prosecutorial Discretion Policy Affect Immigrants Without Legal Representation

"While the Obama administration’s has expanded use of prosecutorial discretion in immigration cases, the subject of immigrants without legal representation and their ability to access this discretion remains unresolved. In 2011, nearly half of all immigrants in removal proceedings...

Reflections on Prosecutorial Discretion in Immigration Context 1 Year After the Morton Memo

By Shoba Sivaprasad Wadhia In this Analysis, Shoba Sivaprasad Wadhia, the founder/director of Penn State's Center for Immigrants' Rights, reflects on the implementation of the famous (or infamous) immigration-agency memos on using "prosecutorial discretion" in favor of various types...

ICE on Prosecutorial Discretion for Same-Sex Partners

"Pursuant to the Secretary's instruction, this new guidance serves to clarify how the existing memoranda related to prosecutorial discretion apply to family relationships involving long-term, same-sex partners." - ICE, October 5, 2012 .

Policing the Immigration Police: ICE Prosecutorial Discretion and the Fourth Amendment

"A persistent puzzle in immigration law is how the removal adjudication system should respond to the increasing prevalence of violations of noncitizens’ constitutional rights by arresting officers. Scholarship in this area has focused on judicial suppression of unconstitutionally obtained...

ICE Rarely Uses Prosecutorial Discretion to Close Immigration Cases: TRAC

"The use of prosecutorial discretion (PD) by Immigration and Customs Enforcement (ICE) to close cases in the Immigration Courts continues to be relatively rare -- only 6.7 percent of cases were closed on this basis between October 2012 and March 2014. Overall PD usage has hovered in the six to eight...

ICE No Longer Honoring Nov. 2014 Prosecutorial Discretion Memo

Matthew Kolken writes: " Immigration lawyer Bryan Johnson has shared that a Deportation Officer at the Varick Street Detention Center in New York advised that Immigration and Customs Enforcement is no longer honoring the November 20, 2014 prosecutorial discretion memorandum due to Judge Hanen's...