Immigration Law

Recent Posts

Court Order Threatens Deportation for Millions
Posted on 27 Jun 2022 by Daniel M. Kowalski

Miriam Jordan, New York Times, June 25, 2022 "A Biden administration policy that prioritized the arrest of undocumented immigrants who are considered a threat to public safety and national security has been suspended as of Saturday, rendering millions... Read More

Court Blocks DHS Enforcement Memo: Arizona v. Biden
Posted on 22 Mar 2022 by Daniel M. Kowalski

Arizona v. Biden "It is hereby ORDERED that: 1. Pursuant to Fed. R. Civ. P. 65(a), Defendants United States Department of Homeland Security, Alejandro Mayorkas, in his official capacity as Secretary of the Department of Homeland Security, all their... Read More

New Mayorkas Prosecutorial Discretion Memo (Sept. 30, 2021; eff. Nov. 29, 2021)
Posted on 30 Sep 2021 by Daniel M. Kowalski

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... Read More

Prosecutorial Discretion and the ICE Office of the Principal Legal Advisor (OPLA)
Posted on 15 Jun 2021 by Daniel M. Kowalski

ICE, June 11, 2021 - [Provides a description of prosecutorial discretion, email addresses for PD requests, and links to further resources.] Read More

ICE Guidance Regarding Civil Immigration Enforcement and Removal Policies and Priorities (May 27, 2021)
Posted on 5 Jun 2021 by Daniel M. Kowalski

ICE, May 27, 2021 " ... Prosecutorial discretion is an indispensable feature of any functioning legal system. The exercise of prosecutorial discretion, where appropriate, can preserve limited government resources, achieve just and fair outcomes... Read More

Reflections on Prosecutorial Discretion in Immigration Context 1 Year After the Morton Memo
Posted on 21 Jun 2012 by LexisNexis Immigration Law Community Staff

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... Read More

ABA on ICE prosecutorial discretion
Posted on 30 Dec 2011 by Daniel M. Kowalski

"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... Read More

ICE drops immigration charges, releases Alabama woman after Gutierrez meeting with Napolitano
Posted on 11 Dec 2011 by Daniel M. Kowalski

"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... Read More

Falling through the Cracks: How Gaps in ICE's Prosecutorial Discretion Policy Affect Immigrants Without Legal Representation
Posted on 14 May 2012 by Daniel M. Kowalski

"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... Read More

Immigrants cautious as possible reprieves loom
Posted on 26 Nov 2011 by Daniel M. Kowalski

"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... Read More

Major movement on prosecutorial discretion front
Posted on 18 Nov 2011 by Daniel M. Kowalski

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... Read More

ICE Memo on Prosecutorial Discretion, Apr. 6, 2014
Posted on 12 Apr 2015 by Daniel M. Kowalski

"The purpose of this memorandum is to provide additional guidance to Office of the Principal Legal Advisor (OPLA) attorneys regarding pending proceedings involving individuals who may fall outside of the revised Department of Homeland Security (DHS... Read More

House testimony: ICE on prosecutorial discretion
Posted on 4 Oct 2011 by Daniel M. Kowalski

"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... Read More

Policing the Immigration Police: ICE Prosecutorial Discretion and the Fourth Amendment
Posted on 20 Nov 2013 by Daniel M. Kowalski

"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... Read More

ICE FAQ on Executive Action, Prosecutorial Discretion - June 17, 2015
Posted on 19 Jun 2015 by Daniel M. Kowalski

On or about June 17, 2015 ICE posted this : "Frequently Asked Questions Relating to Executive Action on Immigration General What changes has the Secretary’s memorandum made to... Read More