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How to Seek Prosecutorial Discretion from ICE Starting Monday 1/5/15


After the President's announcement concerning immigration executive action, the Secretary of Homeland Security provided enforcement guidance on the exercise of prosecutorial discretion. Along with all other DHS agencies, Immigration & Customs Enforcement (ICE) will apply these priorities when deciding which undocumented persons to arrest, detain, and remove from the United States.

If you want to know whether you come within the purview of DHS enforcement priorities, check my blog titled Border Security Statistics and Removal Priority Outlook posted on 12/26/14. Read below how ICE will handle prosecutorial discretion starting Monday, January 5, 2015:

If you are in ICE custody:

ICE will proactively review cases of individuals in custody, but for persons in ICE custody who want to be proactive and explore whether they merit prosecutorial discretion, including eligibility under DACA / DAPA, should either contact their immigration lawyer or follow the detainee-staff communication procedures in their facilities.

If you are in removal proceedings before the EOIR (immigration court):

If you are not an enforcement priority, or you are eligible for DACA / DAPA, and you have a pending case before an Immigration Judge or the Board of Immigration Appeals (BIA), ICE may agree to administratively close your case. You or your immigration lawyer may submit such a request to the ICE Office of the Principal Legal Advisor.

If you have a removal order, are scheduled for removal, but you are not in ICE custody:

If you are not an enforcement priority, or if you are eligible for DACA / DAPA, but an immigration judge has already ordered you removed, you or your immigration lawyer should contact your ICE ERO officer right away to discuss your case.

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