Immigration Law

Recent Posts

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 Saves Activist from Deportation
Posted on 21 Sep 2021 by Daniel M. Kowalski

Email from La Resistencia, Sept. 21, 2021: "DHS Grants Prosecutorial Discretion to Immigrant Organizer Targeted by ICE La Resistencia leaders celebrate victory against ICE in public action and demand Prosecutorial Discretion be granted to all... Read More

ICE Suspends Use of May 2021 Prosecutorial Discretion Memo
Posted on 23 Aug 2021 by Daniel M. Kowalski

On Aug. 20, 2021, ICE posted this revised notice : "Due to an August 19, 2021 preliminary injunction issued in Texas v. United States, 6:21-cv-16 (S.D. Tex. Aug. 19, 2021), OPLA has suspended reliance on the May 27, 2021 memorandum from the Principal... Read More

Comparing Local OPLA Interim Guidance Requirements For Documenting Criminal Histories: NIPNLG
Posted on 15 Aug 2021 by Daniel M. Kowalski

NIPNLG, Aug. 11, 2021 "Recently, the 25 main field locations of the DHS Office of Principal Legal Advisor (OPLA) released guidance for requesting Prosecutorial Discretion (PD) to implement the department-wide memorandum issued by ICE Principal... Read More

Despite Prosecutorial Discretion "Reform," the Deportation Machine Rolls On
Posted on 27 Jul 2021 by Daniel M. Kowalski

Dara Lind, ProPublica, July 27, 2021 "Under a new Biden policy, more than 100,000 immigrants could have their cases dropped. But that discretion is left to individual prosecutors, and many are letting the deportation machine roll on. ... "... Read More

Advocating for Clients in Removal Proceedings Using the OPLA Prosecutorial Discretion Memo
Posted on 22 Jun 2021 by Daniel M. Kowalski

Cristina Velez, Anita Gupta, June 21, 2021 "ICE enforcement priorities have changed under the Biden administration, signaling a return to the use of prosecutorial discretion. On May 27, 2021, the ICE Principal Legal Advisor issued guidance for... 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

A Former U.S. Attorney Speaks on 'Zero Tolerance'
Posted on 22 Jun 2018 by Daniel M. Kowalski

Barbara McQuade, June 22, 2018 - "Prosecutors accept the fact that they must decline to prosecute some cases so that they can devote resources to more important cases instead. But with zero tolerance for illegal entry misdemeanors, many other crimes... Read More

Prosecutorial Discretion in Immigration Agencies: A Year in Review
Posted on 12 Jan 2012 by LexisNexis Immigration Law Community Staff

By Shoba Sivaprasad Wadhia Memos on their proposed use of "prosecutorial discretion" by Immigration and Customs Enforcement and other immigration agencies that were issued in 2011 caused critics to accuse the Obama administration of trying... Read More

Cyrus D. Mehta: Prosecutorial Discretion and the "Criminal Alien"
Posted on 10 Oct 2011 by Daniel M. Kowalski

"Even a so called “criminal alien” can in some cases be deserving of prosecutorial discretion. Actually, the definition of “criminal alien” is rather amorphous , and could include one who has either been convicted of a crime... 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

Prosecutorial review puts immigration cases in holding pattern, infuses a sense of hope
Posted on 21 Dec 2011 by Daniel M. Kowalski

"Until recently, Lizeth Amateco had never heard the term "prosecutorial discretion." Now, her future depends on it." - Denver Post, Dec. 21, 2011 . Read More

New Tools For Tracking ICE Prosecutorial Discretion
Posted on 22 Oct 2011 by Daniel M. Kowalski

Oct. 21, 2011 TRAC has launched a bundle of new report series, with accompanying data tools and regular updates, which allow the public to monitor ICE's exercise of prosecutorial discretion in the Immigration Courts, as spelled out in Director... Read More

A Failure of Discretion
Posted on 10 Jun 2012 by Daniel M. Kowalski

"Delays in background checks are at the root of the inaction, but the problem goes beyond that. Immigration advocates in the South are trying to stop the deportation of dozens of people who spoke out against abuses like dangerous working conditions... Read More