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Immigration Law

New Mayorkas Prosecutorial Discretion Memo (Sept. 30, 2021; eff. Nov. 29, 2021)

DHS, Sept. 30, 2021

"This memorandum provides guidance for the apprehension and removal of noncitizens. ... We will prioritize for apprehension and removal noncitizens who are a threat to our national security, public safety, and border security. ... The decision how to exercise prosecutorial discretion can be complicated and requires investigative work. Our personnel should not rely on the fact of conviction or the result of a database search alone. Rather, our personnel should, to the fullest extent possible, obtain and review the entire criminal and administrative record and other investigative information to learn of the totality of the facts and circumstances of the conduct at issue. The gravity of an apprehension and removal on a noncitizen's life, and potentially the life of family members and the community, warrants the dedication of investigative and evaluative effort. ... We will work to establish a fair and equitable case review process to afford noncitizens and their representatives the opportunity to obtain expeditious review of the enforcement actions taken. Discretion to determine the disposition of the case will remain exclusively with the Department. ... This guidance will become effective in sixty (60) days, on November 29, 2021. Upon the effective date, this guidance will serve to rescind (1) the January 20, 2021 Interim Revision to Civil Immigration Enforcement and Removal Policies and Priorities issued by then-Acting Secretary David Pekoske, and (2) the Interim Guidance: Civil Immigration Enforcement and Removal Priorities issued by Acting ICE Director Tae D. Johnson."