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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...
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...
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...
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...
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...
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. ... "...
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...
ICE, June 11, 2021 - [Provides a description of prosecutorial discretion, email addresses for PD requests, and links to further resources.]
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...
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...
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...
"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...
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...
"Though Gonzales was arrested for being undocumented in 2006 and his
future was uncertain, he and Mario married in California in 2008, while
gay marriage was briefly legal there. That marriage became the basis on
which federal immigration Judge...
"What is prosecutorial discretion and how
can it benefit my client? Over the past year, DHS and White House
statements and memos have announced new immigration enforcement policies
and priorities. This effort to implement new enforcement standards...