DREAM Act Portal Forum - ICE Memo on Prosecutorial Discretion

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ICE Memo on Prosecutorial Discretion

http://www.ice.gov/doclib/about/offi...ment-facts.pdf

Quote:

Frequently Asked Questions on the Administration's Announcement Regarding a New Process to Further Focus Immigration Enforcement Resources on High Priority Cases

Will the process result in permanent lawful status for beneficiaries?

No. The exercise of prosecutorial discretion through this process would not provide an individual with permanent lawful status.

Will beneficiaries of an exercise of prosecutorial discretion automatically receive work authorization?

No. Nothing about this process is automatic and nobody who goes through this process is automatically entitled to work authorization. Per longstanding federal law, individuals affected by an exercise of prosecutorial discretion will be able to request work authorization, including paying associated fees, and their requests will be separately considered by USCIS on a case-by-case basis.

Can individuals affirmatively apply for an exercise of discretion through this process?

No. This process does not involve the creation of an affirmative application process, although, consistent with longstanding practice, individuals in removal proceedings and their representatives remain free to submit information relevant to their case to the appropriate ICE field offices or attorneys.
Any attorney or representative who purports to be able to secure an individual relief through an affirmative application to ICE or DOJ as part of this process is engaged in a scam and should be reported to the relevant authorities at DOJ, the Federal Trade Commission (FTC), or DHS.

Should unlawfully present individuals who do not consider themselves high priority cases voluntarily surrender to ICE to avail themselves of this process?

No. Any individual who self surrenders due to a belief that they will benefit from an exercise of discretion is very likely to be placed in removal proceedings and runs a serious risk that they will be removed from the United States. Nothing in this process creates a right or an entitlement to any person regardless of their individual circumstances.

Re: ICE Memo on Prosecutorial Discretion

Quote:

Originally Posted by waterwise12 (Post 240075)

http://www.ice.gov/doclib/about/offi...ment-facts.pdf

So if someone's in removal proceedings and he or she benefits from this memo, they can apply for a work permit? That's good news!!

Re: ICE Memo on Prosecutorial Discretion

Finally! I'm going to apply right now! I just call my nearest field office, right?

Re: ICE Memo on Prosecutorial Discretion

Quote:

Originally Posted by oscarg (Post 240104)

Finally! I'm going to apply right now! I just call my nearest field office, right?

Quote:

Can individuals affirmatively apply for an exercise of discretion through this process?
No. This process does not involve the creation of an affirmative application process, although, consistent with longstanding practice, individuals in removal proceedings and their representatives
remain free to submit information relevant to their case to the appropriate ICE field offices or attorneys.
Any attorney or representative who purports to be able to secure an individual relief through an affirmative application to ICE or DOJ as part of this process is engaged in a scam and should be reported to the relevant authorities at DOJ, the Federal Trade Commission (FTC), or DHS.

They reach out to you, not you to them. Review of ALL the cases starts nationwide next year. So it may be a while before you hear from them.

Re: ICE Memo on Prosecutorial Discretion

Good news is that they can apply for Work Permit.

Re: ICE Memo on Prosecutorial Discretion

Quote:

Originally Posted by DA User (Post 240137)

Good news is that they can apply for Work Permit.

You receive Deferred Action(D.A.) on your case. When applying for a work permit, D.A. applicants have to show evidence for economic necessity for a work permit. That is why it is not automatic, rather will be judged on a case by case basis depending on your reason for requesting one.
Btw, paying for college expenses is not considered an economic necessity. You have to show that you cannot survive if you did not possess a work permit.

Re: ICE Memo on Prosecutorial Discretion

Quote:

Originally Posted by oscarg (Post 240104)

Finally! I'm going to apply right now! I just call my nearest field office, right?

I would strongly advise anyone NOT to do this !

The prosecutorial memo has been out for some time and mainly deals with those already in removal proceedings or that have had a prior deportation order which the Memo may offer some relief to at the discretion of the authorities.A lawyer representing your case would initiate such actions if it is their belief your case stands to benefit for such or would recommend such.........any other reason I think for doing so could lead to unintended consequences for those who do not quite grasp what it represent.

Re: ICE Memo on Prosecutorial Discretion

Quote:

Originally Posted by waterwise12 (Post 240184)

What about working for survival?

Re: ICE Memo on Prosecutorial Discretion

Quote:

Originally Posted by DA User (Post 240241)

What about working for survival?

I was one of the first to have their cases closed because of the new policy. I just applied for a work permit. Send me a pm if you're in removal and I'll let you know how the whole thing went. But like I said before, they reach out to you, not you to them, so don't call your nearest field office or anything. They will get to all the cases before the end of next year, so be patient.

Re: ICE Memo on Prosecutorial Discretion

Quote:

Originally Posted by waterwise12 (Post 240246)

you're the 1st case I've read where this has happened. It'd be nice for you to start a thread with the details (unless you are hesitant to reveal any info). I assume you weren't dying of starvation for them to give you this permit?

edit: OOps, i just noticed this is your thread.