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Practice Advisory: Advocating for Prosecutorial Discretion Under the Biden Administration’s Prosecutorial Discretion Guidance

September 15, 2023 (1 min read)

NIPNLG, Sept. 15, 2023

"This practice advisory describes the Biden administration’s current prosecutorial discretion policy in the wake of the Supreme Court’s decision and provides tips for practitioners advocating with DHS for prosecutorial discretion on behalf of noncitizens. Section II gives an overview of the Mayorkas Memo and the litigation challenging it. Section III describes the guidance issued by the Immigration and Customs Enforcement (ICE) Office of the Principal Legal Advisor (OPLA), referred to as the “Doyle Memo,” about implementing the Mayorkas Memo in immigration court removal proceedings. Section IV provides tips for requesting prosecutorial discretion with OPLA, and Section V provides tips for requesting prosecutorial discretion with ICE Enforcement and Removal Operations (ERO). Section VI discusses public campaigns and congressional and community advocacy for noncitizens seeking prosecutorial discretion."