Not a Lexis+ subscriber? Try it out for free.

Immigration Law

ICE Prosecutorial Discretion Update

ICE PLA PD web page

How does the Vacatur of DHS’ Civil Immigration Enforcement Priorities Impact the U.S. Immigration and Customs Enforcement (ICE), Office of the Principal Legal Advisor’s (OPLA) Prosecutorial Discretion Determinations?

OPLA attorneys are no longer applying the Mayorkas Memorandum or sections of Principal Legal Advisor Kerry E. Doyle’s memorandum, Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion (April 3, 2022), that rely on the priority enforcement framework established by the Mayorkas Memorandum when making prosecutorial discretion determinations or for any other purpose.

OPLA attorneys, however, may—consistent with longstanding practice—exercise their inherent prosecutorial discretion on a case-by-case basis during the course of their review and handling of cases.