xRV0_PAq8( qCClv4<=]{j)N+%N8 ;(}yB%B&C-"-9%4U|"lF5kwykNg /Annots [ 11 0 R ] Choose from a broad listing of topics suited for law firms, corporate legal departments, and government entities. This should not be used for legal research but instead can be used to find solutions that will help you do legal research. endstream In determining whether to exercise PD in immigration cases, OPLA may consider such factors as: On his first day in office, President Biden signed executive orders that reversed many of the Trump administrations immigration orders. Circumstances of their arrival in the U.S. Work and education history in this country, Whether they are a victim, witness, or plaintiff in civil or criminal proceedings. c)K=K\. C|@@#/.=S3sr.}7CC.4.0"l^TW+ : this practice alert from ILRC and NIPNLG provides immigration practitioners with a summary of the OPLA and EOIR guidance, including key information, practice tips, and takeaways. % Nothing on this site should be taken as legal advice for any individual endobj endobj In February, ICE Acting Director Tae Johnson issued its guidelines for temporary arrest priorities for ICE. We Have Helped Individuals from 9 0 obj 6 0 obj x+T0PR0T(Y@U`g Usted es inmigrante y tiene quejas de empleo o preguntas sobre sus derechos laborales? %PDF-1.4 According to the memo, the new criteria were due in part to resource constraints, the health and safety of ICE personnel and those in custody (elevated because of COVID-19), and to ensure that eligible noncitizens can seek relief from deportation. All rights reserved. Despite the constraints of the INA, DHS has considerable discretion to limit or redirect its enforcement and removal efforts. 10 0 obj Call (734) 239-6863, press 1 (Monday through Thursday). Following these orders, the Department of Homeland Services (DHS) Acting Secretary David Pekoske issued a Jan. 20 memo to immigration and border protection leadership that directed a comprehensive review of civil immigration policies, established interim civil immigration enforcement policies, instituted a 100-day pause on certain removals, and rescinded other policy memoranda. We have seen a dramatic increase in the demand for immigration legal services and education & outreach efforts in Houstons diverse immigrant communities. Prosecutorial discretion (PD) is the longstanding authority of an agency charged with enforcing the law to decide where to focus its resources and whether or how to enforce, or not to enforce, the law against an individual. To get the full experience of this website, /Contents 4 0 R>> % Try it out for free. please update to most recent version. EOIR subsequently issued its own memo discussing EOIR policies related to the enforcement priorities. Llame al (800) 968-4046. in Ypsilanti, Grand Rapids, and Kalamazoo.

endstream The information on this website is for general information purposes only. Do you have employment complaints or questions about your rights as an immigrant worker? Through our work, more immigrants are receiving low-cost, high-quality legal services for immigration issues in Houston. /Contents 10 0 R>> Advocating for Clients in Removal Proceedings Using the OPLA Prosecutorial Discretion Memo, have changed under the Biden administration. endobj This webinar will review the current DHS enforcement policies and how to apply them; report on trends in how ICE is applying those priorities, particularly for individuals in removal proceedings; and share successful tactics for advocating for prosecutorial discretion. Employment, Internships, and Volunteering, Guides to Defending Yourself in Immigration Court / Guas para Defenderse en la Corte de Inmigracin, Travel Warning - Response to President Trump's Immigration Ban, MIRC's Legislative & Policy Platform / Plataforma Legislativa y Poltica de MIRC, Michigan Legislation Affecting Immigrants, Farmworkers, and Immigrant Workers, Actualizaciones e Informacin de Coronavirus (COVID-19). Do you have questions about your rights as an immigrant in Michigan? x+T0PR0T(Y@U`g The lawsuit also argued that the changes in arrest and enforcement violated an agreement signed in the last days of the Trump administration. Your browser is out of date. case or situation. <> or viewing does not constitute, an attorney-client relationship. On May 27, 2021, the ICE Principal Legal Advisor issued guidance for OPLA attorneys about how and when to exercise prosecutorial discretion during various stages of removal proceedings. Last fall, DHS issued new policies to guide the use of this discretion. The federal judge blocked the Biden administration guidelines in an Aug. 19 ruling, declaring that the president does not have the discretion to choose which immigrants are detained. Attorneys in the Office of the Principal Legal Advisor (OPLA) provide support to the Department of Justice in the prosecution of ICE cases and in the defense of ICE's authorities in federal court. <> https://www.ilrc.org/webinars/advocating-prosecutorial-discretion-clients-removal-proceedings, Counseling Your Client about Exposure to Enforcement and Seeking Prosecutorial Discretion, Preparing Criminal Waivers of Inadmissibility. <> Judge Drew Tipton, the U.S. district judge who entered the Aug. 19 ruling, provided a stay of his injunction until noon Aug. 30, allowing the federal government an opportunity to appeal to the Fifth Circuit of Appeals or the Supreme Court. He also delayed until October the requirement to prepare reports providing the names of immigrants with criminal records who were detained or released. Prices: Webinar: $155, Recording: $120, Webinar & Recording: $180. EOIR subsequently issued its own memo discussing EOIR policies related to the enforcement priorities. endstream The ruling also found that the enforcement priorities violated federal administrative law, saying they should have been implemented through regulations open to comments from the public. According to two federal immigration statutes, certain criminals must be detained and does not allow for prosecutorial discretion. The memo prioritized arrests in the following order: OPLA attorneys were encouraged to focus agency resources on cases that fall within one of the three priority categories and to exercise prosecutorial discretion in non-priority cases. 2022 Phillip Burton Immigration & Civil Rights Awards, Commitment to Dismantling Anti-Blackness and Racism, Advocating for Clients in Removal Proceedings Using the OPLA Prosecutorial Discretion, Advocating for Prosecutorial Discretion for Clients in Removal Proceedings. The agreement requires DHS to give Texas officials 180 days' notice before changing immigration enforcement in the state.

The memo went on to state that any enforcement or deportation action that did not meet the above criteria would require prior approval. endobj We will focus on advocacy with OPLA, including requests for joint motions, stipulations, bond, and more. Busca asistencia de abogados de inmigracin? stream Not a Lexis+ subscriber? Tiene preguntas acerca de sus derechos como inmigrante en Michigan? In August, a victory went to Texas over what Attorney General Ken Paxton said was inappropriate prosecutorial discretion in the Biden administrations temporary arrest priorities. Chief ICE Attorney John Trasvina broadened prosecutorial discretion to dismiss deportation cases including: Whether an immigrant had close family in the U.S., was pursuing higher education, or was making a positive impact in their community were also factors that should be considered when determining whether to deport someone. Our spectrum of immigration law experience includes: If you or a loved one needs help with any aspect of immigration law, contact us online or call (832) 514-4030">(832) 514-4030. c)=K\. c|@@#/.=S3sr.}7CC.4.0"l^TW+ For those noncitizens convicted of a crime, the current administration gave federal attorneys more flexibility to consider the seriousness of the offense, any extenuating circumstances, the time and length of any sentence imposed, and signs of rehabilitation before deciding whether to pursue or dismiss removal proceedings. <> /Contents 6 0 R>> 5 0 obj endobj <> The U.S. District Court for the Southern District of Texas blocked the expansion of prosecutorial discretion that would temporarily limit the arrests of undocumented migrants, including those who had been convicted of certain crimes. c)K=K\. #|@@#/.=S3sr.}7CC.4.0"l^TW+ 3 0 obj Building upon our previous practice advisory,Advocating for Clients under the Biden Administrations Interim Enforcement Priorities,this practice alert from ILRC and NIPNLG provides immigration practitioners with a summary of the OPLA and EOIR guidance, including key information, practice tips, and takeaways. endobj A May memo to government attorneys provided guidance and lifted many of the restrictions the Trump administration placed on their abilities to administratively close or dismiss deportation cases. On May 27, 2021, the ICE Principal Legal Advisor issued guidance for OPLA attorneys about how and when to exercise prosecutorial discretion during various stages of removal proceedings. 4 0 obj The heart of the Texas lawsuit, also joined by Louisiana, was that the Biden administration violated federal law by not detaining criminal immigrants upon their release from prison. ICE enforcement prioritieshave changed under the Biden administration, signaling a return to the use of prosecutorial discretion. Around the World. Texas cited these two memos from DHS and ICE in their April lawsuit against the federal government. Our legal team at The Modi Law Firm, PLLC is continuing to monitor all actions taken in both the executive and judicial branches of the U.S. government to provide updated insight for our clients. %PDF-1.4 , signaling a return to the use of prosecutorial discretion. Llame al (734) 239-6863, oprima 1 (lunes a jueves). His memo also directed ICE to issue interim guidance on how to implement the revised enforcement policies and removal pause. endstream /Contents 8 0 R>> endobj stream 7 0 obj OPLA uses PD and other factors to guide its decision-making. <. Special Immigrant Juvenile Status: Your Clients I-360 Is Approved, Now What? The Lone Star State and the federal government continue to battle over immigration policy, with each sustaining wins and losses in the judicial arena. LexisNexis CLE On-Demand features premium content from partners like American Law Institute Continuing Legal Education and Pozner & Dodd. On Aug. 25, the Fifth Circuit granted an administrative stay of Judge Tiptons injunction until the Fifth Circuit can issue its decision. <> 11 0 obj Our work has become even more urgent in 2019, as the policy environment in which we work becomes increasingly hostile to immigrants. <> This information is not intended to create, and receipt 8 0 obj stream Call (800) 968-4046. Are you looking for assistance from immigration lawyers? x+T0PR0T(Y@U`g stream blocked the expansion of prosecutorial discretion, Service or a family members service in the U.S. military. The Collaborative plays a critical convening, coordinating, and communication role in the legal services community. The ruling also ordered ICE to formulate new policies by Sept. 3 as well as provide the court with the names, addresses, and criminal histories of anyone released after serving a sentence but not transferred to ICE custody. 2021 Immigrant Legal Resource Center. [0bzQ"90>fVc]`_RSES =xoFWSq_]0VC8b_{_ r 9|G8/mp s>@ij %"0yn( d,siN9sr./7d(WA2Ou7^FhdcHS]Z"i?u)&c;$~g/~>zbJ_O81~ID9RQGy>!m_J <> International Sales(Includes Middle East), Business Insight Solutions Partner Portal, Corporate InfoPro (Corporate Information Professionals), InfoPro (Legal Information Professionals). Our firm has helped clients from around the world navigate ever-changing and complicated immigration laws and policies in the U.S. We care about our clients and fight for their best interests as we pursue effective immigration solutions. Individual courses and subscriptions available. The lawsuit argued these new procedures for deporting undocumented immigrants who have been convicted of crimes are illegal and asked a federal judge to force DHS to take them into custody before they are released by local or state law enforcement. Biden administration lawyers have argued that no state can have veto power over federal immigration authority and that outgoing presidents cannot make binding policy decisions for their successors via agreements with the states. While this May memo was not part of the lawsuit, Trasvina reportedly told immigration prosecutors on Aug. 20 to not implement the guidance provided and to instead use previous criteria. Building upon our previous practice advisory.

endobj Galveston-Houston Immigrant Representation Project, The Office of New Americans and Immigrant Communities, Public Charge News, Resources, and Action Guides, Advocating for Prosecutorial Discretion for Clients in Removal Proceedings, Copyright - Houston Immigration Legal Services Collaborative, Charlas de Inmigracin ESPAOL @ Catholic Charities.