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EOIR Director's Memo: Prosecutorial Discretion

September 30, 2023 (1 min read)

EOIR, Sept. 28, 2023

"This Director’s Memorandum (DM) provides guidance to Executive Office for Immigration Review (EOIR) adjudicators on the enforcement priorities and exercises of prosecutorial discretion of the Department of Homeland Security (DHS). This DM is being issued in light of: (1) a memorandum by Secretary Alejandro N. Mayorkas entitled Guidelines for the Enforcement of Civil Immigration Law (Mayorkas Memorandum), issued on September 30, 2021 and effective on November 29, 2021, and (2) a subsequent memorandum by Kerry E. Doyle, the Principal Legal Advisor of DHS, Immigration and Customs Enforcement (ICE), Office of the Principal Legal Advisor (OPLA), entitled Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion (Doyle Memorandum), issued on April 3, 2022. This DM rescinds Policy Memorandum 21-25, Effect of Department of Homeland Enforcement Priorities. ... Prosecutorial discretion is essential to an efficient and fair court system. DHS’ current prosecutorial discretion efforts will greatly assist EOIR, and it is incumbent on EOIR to be supportive of these efforts, while also remembering our independent obligation to be fair to both parties. The guidance in this DM is intended to assist EOIR adjudicators in conducting proceedings efficiently and fairly in light of DHS’ civil immigration enforcement priorities."