ICE Prosecutorial Discretion Memo

April 23, 2022

The Office of the Principal Legal Advisor (OPLA) serves as the exclusive representative of DHS in immigration removal proceedings before the Executive Office for Immigration Review, litigating all removal cases including those against criminal noncitizens, terrorists, and human rights abusers. Below is an important memorandum released by the U.S. Immigration and Customs Enforcement (ICE) titled “Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion.”

The memorandum includes (DESCRIPTION)

Several hyperlinks in the memorandum were missing, and we have located them below.

  • ICE Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion
  • Memorandum from Jonathan E. Meyer, General Counsel, DHS, Exercising Prosecutorial Discretion in the Enforcement of Civil Immigration Law (Apr. 3, 2022). P. 1
  • OPLA personnel were advised via an internal email broadcast message to apply the Mayorkas Memorandum priorities to their litigation activities. P. 1
  • OPLA’s recently issued Strategic Plan for 2022 – 2026 specifically includes as our second overarching strategic goal, the “Complet[ion of] Litigation Activities Efficiently and in the Pursuit of Justice.” P.2
  • ICE policy directives may be accessed here. P. 7
  • PLAnet guidance on priority classifications and the exercise of prosecutorial discretion under this memorandum is available here. P. 7
  • Consistent with prior guidance provided to OPLA field managers on July 30, 2021, DOJ’s Office of Immigration Litigation (OIL) will continue to assess whether cases at the petition for review (PFR) stage of appellate litigation are DHS enforcement priorities. P. 14

Please do not hesitate to contact NIWAP with any technical assistance questions. (202) 274-4457 and info@niwap.org