Since April 25, ICE lawyers directed to clear low-priority immigration cases

Since April 25, ICE lawyers directed to clear low-priority immigration cases

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On Sunday, April 3, the Office of the Principal Legal Advisor of the Immigration and Customs Enforcement Office (ICE-OPLA) communicated through a memorandum that special discretionary powers will be given to the prosecutors of this agency to act in favor of the cases of immigrants whom the government does not consider a priority for deportation.

This measure could favor up to 700,000 foreigners who have active deportation cases in the Immigration Court. This number is equivalent to 40% of the 1.7 million deportation files accumulated.

These powers are temporary since they are the power of the Executive. However, some experts believe that people who have already been labeled as risky or have had previous contact with the criminal system are likely to continue to be considered deportation priorities.

According to this memo, it is unlikely that someone who has been designated as a priority will receive a favorable decision or action from an ICE prosecutor during their case in immigration court.

Who can qualify for this memorandum?

According to it, people who qualify for a suspension or cancellation of their deportation process are those who have a case in court and are not considered a deportation priority according to the guidelines stipulated by the DHS on September 30, 2021, and that entered into force on November 29 of the same year.

What is discretion?

The actions that ICE prosecutors may take, according to the memorandum, are:

• Administrative Case Closure: Deportation proceedings are temporarily halted, and the case is removed from the active Immigration Court calendar.
• Case Closing: Or ending a case. It is the best possible option since it means that the deportation case has come to an end.
• Reopening motion: Applies to those who have a deportation order and request that the case be reopened in order to review it.

Likewise, it is essential to remember what the current deportation priorities are as of 2021:

• Threat to national security: This is a citizen who participates in or is suspected of terrorism, espionage, or related activities. In the same way, if they present a danger to national security.
• Threat to Public Safety: A non-citizen poses a current public safety threat, usually due to a felony.
• Threat to border security: This is a non-citizen who poses a threat to border security, such as coyotes, and multiple illegal entries, among others.

To that are added with the memorandum:

• People who have been apprehended at the border or port of entry while attempting to enter the United States illegally.
• People detained in the US after having entered illegally after November 1, 2020.

In taking discretionary measures, prosecutors are encouraged to decide based on fair assessments. The suggestion is to consider all available information to conclude whether or not the person is a threat.

The objective behind this strategy is to reduce the accumulated cases, which, as we already indicated, exceed 1.7 million. It is anticipated that some 700,000 will be closed, terminated, or reopened with this measure.

If you have any questions about your immigration status or think you could benefit from this measure of discretion, do not hesitate to contact Kannan Law, immigration attorneys in San Diego, California.