Federal Agencies, Agency Memos & Announcements

DHS Announcement on New Process for Implementation of Prosecutorial Discretion Memo

8/18/11 AILA Doc. No. 11081832. Crimes, Prosecutorial Discretion, Removal & Relief

On August 18, 2011, in a letter to Senator Dick Durbin and 21 other Senators (AILA Doc. No. 11081834), DHS Secretary Janet Napolitano announced a new process for implementation of the June 17, 2011, prosecutorial discretion memorandum (AILA Doc. No. 11061734). The letter included a background two-pager (AILA Doc. No. 11081834).

From the background two- pager – “the new interagency process is designed to ensure that resources are focused on the Administration’s highest enforcement priorities. As part of this process, an interagency team of DHS and Department of Justice (DOJ) officers and attorneys, including representatives from throughout DHS and from the Executive Office for Immigration Review (EOIR) and the Office of Immigration Litigation at DOJ, will identify low-priority removal cases that should be considered for an exercise of discretion. This review will be conducted on a case-by-case basis and will consider cases that are at the various stages of enforcement proceedings, including charging, hearing, and after a final order of removal. The interagency working group will also issue guidance to prevent low priority cases from entering the system on a case-by-case basis. Resources that are saved as a result of this process will be used to accelerate the removal of high priority cases.”

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