ICE prosecutorial discretion memo

Ianus · 06-21-2011, 05:06 PM

If anyone wants to read the memo they can find it here as a .pdf document.

Some may say that these are not really wide ranging changes but considering they were officially announced publicly against the backdrop of a President denying he could do nothing I think is a key difference here.Here are some of the factors :

Quote:

Factors to Consider When Exercising Prosecutorial Discretion
When weighing whether an exercise ofprosecutorial discretion may be warranted for a given . alien, ICE officers, agents,and attorneys should consider all relevant factors, including, but not limited to

• the agency's civil immigration enforcement priorities;
• the person's length ofpresence in the United States, with particular consideration given to presence while in lawful status;
• the circumstances ofthe person's arrival in the United States and the manner ofhis or her entry,particularly ifthe alien came to the United States as a young child;
• the person's pursuit ofeducation in the United States, with particular consideration given to those who have graduated from a U.S. high school or have successfully pursued or are pursuing a college or advanced degrees at a legitimate institution ofhigher education in the United States;
• whether the person, or the person's immediate relative,has served in the U.S. military, reserves, or national guard, with particular consideration given to those who served in combat;
• the person's criminal history, including arrests, prior convictions, or outstanding arrest warrants;
• the person's immigration history, including any prior removal, outstanding order of removal, prior denial of status, or evidence offraud;
• whether the person poses a national security or public safety concern;
• the person's ties and contributions to the community, including family relationships;
• the person's ties to the home country and condition~ in the country;
• the person's age, with particular consideration given to minors andthe elderly;
• whether the person has a U.S. citizen or permanent resident spouse, child, or parent;
• whether the person is the primary caretaker ofa person with a mental or physical disability, minor, or seriously ill relative; ;
• whether the person or the person's spouse is pregnant or nursing;
• whether the person or the person's spouse suffers from severe mental or physical illness;
• whether the person's nationality renders removal unlikely;
• Whether the person is likely to be granted temporary or permanent status or other relief from removal, including as a relative of a U.S. citizen or permanent resident;
• whether the person is likely to be granted temporary or permanent status or other relief from removal, including as an asylum seeker, or a victim of domestic violence, human trafficking, or other crime; . and .
• whether the person is currently cooperating or has cooperated with federal, state or local law enforcement authorities, such as ICE, the U.S Attorneys or Department of Justice, the Department of Labor, or National Labor Relations Board, among others..........

..................There are certain classes of individuals that warant particular care. As was stated in the Meissner memorandum on Exercising Prosecutorial Discretion, there are factors that can help ICE officers, agents, and attorneys identify these cases so that they can be reviewed as early as possible in the process.
The following positive factors should prompt particular care and consideration:

• veterans and members ofthe U.S. armed forces;
• long-time lawful permanent residents;
• minors and elderly individuals;
• individuals present in the United States since childhood;
• pregnant or nursing women;
• victims ofdomestic violence; trafficking, or other serious crimes;
• individuals who suffer from a serious mental or physical disability; and
• individuals with serious health conditions.

pearl · 06-22-2011, 12:48 AM

Well in this case if someone qualify for some conditions such as long time resident, got education, have US/LPR relatives and no criminal history then we should apply under relief for deportation. Atleast that will give us the work document until we fully qualify under any catagory. Is this the right interpretation or no. Pls. advise.

Ianus · 06-22-2011, 01:34 AM

Quote:

Originally Posted by pearl

Well in this case if someone qualify for some conditions such as long time resident, got education, have US/LPR relatives and no criminal history then we should apply under relief for deportation. Atleast that will give us the work document until we fully qualify under any catagory. Is this the right interpretation or no. Pls. advise.

This isn't a benefit that you can apply for !!!!! This is basically saying if you run into the authorities there is but a chance they could deal with any proceedings more liberally as outlined and in favor of the undocumented in question but at the complete discretion of the ICE officer or DHS Attorney.

LifeDreamer · 06-22-2011, 01:45 AM

These kinds of news just make me want to get caught..

DA User · 06-22-2011, 03:43 AM

long-time lawful permanent residents; ? Then whats the problem?

Anyways, those list are fair and makes a lot of sense.

Diplok · 06-22-2011, 05:13 PM

Quote:

Originally Posted by LifeDreamer

These kinds of news just make me want to get caught..

I've pondered calling immigration on myself, but there's always that lingering thought of what if?

What if ICE doesn't deal with you as outlined in this memo. This is just a memo, guidelines, not a set of rules they must adhere to.

LifeDreamer · 03:24 AM

Quote:

Originally Posted by Diplok

I've pondered calling immigration on myself, but there's always that lingering thought of what if?

What if ICE doesn't deal with you as outlined in this memo. This is just a memo, guidelines, not a set of rules they must adhere to.

Well I think you just have to let things run there course.. If you get caught you get caught if you don't you don't..

Diplok · 06-22-2011, 07:16 PM

Dude. I can't get caught for some odd reason. I even went to Canada once, just with a State ID. of course this was pre 9/11.

I've been on Amtrak while several govt agents where making their way through and asking people if they were citizens, guess what they did when they got to me, the guy eyeballed me and kept going. I was like WTF I mean, I look Hispanic.

CB124 · 06-22-2011, 07:28 PM

it depends. They can't do anything to the ice officer if he doesn't follow this descretion guidelines either. What if he has been a hardass who has deported dozens of illegals, with perfect attendance and performance ratings. Will they discipline him because of a memo from a political appointee? Then he goes on the news and humiliates Obama, like the project gunrunner scandal.

LifeDreamer · 06-23-2011, 03:26 AM

Quote:

Originally Posted by Diplok

Dude. I can't get caught for some odd reason. I even went to Canada once, just with a State ID. of course this was pre 9/11.

I've been on Amtrak while several govt agents where making their way through and asking people if they were citizens, guess what they did when they got to me, the guy eyeballed me and kept going. I was like WTF I mean, I look Hispanic.

I get you.. That's because your a true American Dip

They need you!

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ICE prosecutorial discretion memo