Updated Guidance Encourages DHS Attorneys to Timely Exercise Prosecutorial Discretion

On April 6, 2015, the Acting Principal Legal Advisor for the U.S. Immigration and Customs Enforcement (ICE) Office of the Principal Legal Advisor (OPLA), Riah Ramlogan, issued a memorandum to OPLA attorneys relating to the exercise of prosecutorial discretion. The purpose of the memorandum is to provide additional guidance on pending removal proceedings involving individuals who may fall outside of the revised Department of Homeland Security (DHS) enforcement priorities communicated by DHS Secretary Johnson on November 20, 2014.

In late 2011 and 2012, OPLA attorneys performed a review of cases pending on the Executive Office for Immigration Review (EOIR) court dockets, exercising prosecutorial discretion in certain cases that did not meet enforcement priorities. The OPLA memorandum encourages DHS personnel, including OPLA attorneys, to continue to prioritize removal assets consistent with the directive from Secretary Johnson on November 20, 2014.

Learn more about this updated guidance and memorandum details on our Immigration Blog.