In her memo, [ICE Principal Legal Advisor Kerry] Doyle directed ICEs lawyers the folks paid by you to represent your interests in immigration court to review their pending cases and determine whether they are priorities for enforcement action under the Mayorkas memo, assuming they have not been classified for prioritization already. That poor, poor $8 billion agency. Americans often misinterpret these numbers and jump to the absurd conclusion that a large portion of the Latino population is undocumented. Once they receive your submission, they calculate if it is an enforcement priority using the Mayorkas and the Doyle Memoranda. Thank you.

endobj Want proof? Similarly, section 212(a) of the INA starts as follows: Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States. (Emphasis added.) Notably absent from any of this is whether the alien is removable and should, under the INA, be removed. It will help in reducing the backlog in immigration court proceedings. ICE attorneys and officers have a broad authority to exercise discretion in deciding whom to detain, whom to place in removal proceedings and when to grant deferred action, as well as when to terminate removal proceedings and when to execute a final order of removal. It affects at least 700,000 pending matters, roughly 40 percent of the cases on the immigration courts dockets. To read more click here. Your email address will not be published. The Doyle directive flips that script when it comes to non-priority cases. What Does the President Really Want at the Border? An immigration prosecutor has the authority to make a decision regarding placing a person in immigration court and charging them with removability, or even terminating an existing deportation case. These cookies do not store any personal information. Lets talk about three priorities of the Mayorkas Memorandum: Noncitizens who are suspected or involved in espionage or terrorism-related activities are a priority. This is called prosecutorial discretion.

CLEVELAND, OH There are now approximately eight million undocumented Latinos in the U.S.:five million people from Mexico, 1.9 million from Central America, and 800,000 from South America. OPLA lawyers assess your cases independently to decide whether they should use PD or not. If the respondent has a lawyer, the OPLA attorney is authorized to dismiss the case unless get this dismissal would adversely affect the alien. Email the Law Offices of Alex Solomiany, P.A.,or call 305-373-1105 to get a case review. When they pose a threat to the public, they are not determined with bright categories. Their biggest crime? As the Doyle directive explains, in implementing the prioritization framework in the Mayorkas memo, OPLA attorneys must be particularly mindful of the resource constraints under which we operate at a time when the immigration courts dockets total over 1.5 million cases nationwide.. This memo is consistent with the memorandum titled Guidelines for the Enforcement of Civil Immigration Law issued on 30th September 2021 and took effect on 29th November 2021, issued by Department of Homeland Security Alejandro Majorkas (Mayorkas Memorandum). Just because I thought the alien was eligible did not mean that the immigration judge agreed. The administrative closure of nonpriority cases in which they would be shelved indefinitely (the average administratively closed case has been gathering dust for 17 years) is disfavored, however, unless again dismissal would adversely affect the alien. Background on DHS Immigration Enforcement Priorities. Moreover, people who are dangerous to national security also come under this priority. In some cases, OPLA still uses PD if your case is a priority. Any document that requires 17 pages to explain the concept of prosecutorial discretion to experienced prosecutors is not about discretion at all; it is about removing discretion from those lawyers and forcing them to do the opposite of what they were trained to do: enforcing the law. Your interests dont matter. This website uses cookies to improve your experience while you navigate through the website. In fact, only 13% of the 62 million Latino population is undocumented in the U.S. The OPLA attorneys can decide how they want to proceed and which cases to focus on. They are considered a threat when: In addition, there may be some other scenarios that ask law enforcement agencies to remove the person. Prosecutorial discretion is used to close deportation and removal cases that ICE considers to be low priorities.

Otherwise, the illegal immigration crisis instigated by this administrations irresponsible policies will only get worse. Grassley and Lankford asked Mayorkas to provide an end date for the OPLA memo and more information related to the agencys application of prosecutorial discretion. Attorney Alex Solomiany provides knowledgeable and experienced representation to clients who are facing removal. Firstly, OPLA evaluates if your case is a priority for enforcement or not. Republican Senators Chuck Grassley (R-IA) and James Lankford (R-OK) sent a letter to U.S. Department of Homeland Security (DHS) SecretaryAlejandro Mayorkas pushing him to end U.S. Immigration and Customs Enforcements (ICE) prosecutorial discretion policy. Please see our Terms of Service (earnings disclosure / ownership section). Despite that most recent injunction, however, the ICE OPLA directive is premised upon three priorities for immigration enforcement that are the basis of the Mayorkas memo: threats to national security (terrorists and spies); threats to public safety (primarily aliens who have engaged in serious criminal misconduct); and threats to border security (aliens who entered the United States illegally on or after the arbitrary date of November 1, 2020). The Mayorkas memo does not explicitly state that ICE officers cant go after any other removable aliens who do not fall within one of his arbitrary restrictions (he learned from the earlier injunction). Prior to that, Doyle worked in the nonprofit sector representing immigrants, asylum seekers, and refugees in Hong Kong, Miami and Boston. As a former line government employee with decades of service, I can read between those lines. To read more, Deferred Action for Childhood Arrivals (DACA), Immigration Consequences Of A Criminal Conviction, Amount of time spent residing in the United States, Immediate family members in the United States who are permanent residents or U.S. citizens, Age at the time of entry into the United States, Any pursuit of education in the United States, No threat to national security or public safety, Conditions in the individuals home country, Likelihood of being granted temporary or permanent status in the future. x|EB B'4%H4R_TyE&A Jz/dn|.Wvfy 'z%_ b @[$Y9a @~Up\7 p mgpv. No wonder Doyle thinks ICE is out of control Congress has given it strict marching orders. On April 3, 2022, Immigration and Customs Enforcement (ICE) Office of the Principal Legal Advisor (OPLA) Kerry E. Doyle issued new guidelines for its attorneys regarding prosecutorial discretion. If I thought that the alien respondent was eligible for relief, and the immigration judge granted it, I would simply waive appeal thats what prosecutors do, but as noted Doyle is new to the job. This meeting presents a unique opportunity to hear directly from PLA Doyle on her recently issued guidance to ICE attorneys on enforcing the civil immigration laws and prosecutorial discretion. Most, if not all, will get their green cards back because by now their convictions are so old that they arent priorities anymore. On May 12, 2022, ICE Principal Legal Advisor Kerry Doyle and ICE Detroit Chief Counsel Tara Harris will hold a community meeting with interested legal services providers, non-governmental organizations (NGOs), and community stakeholders who work with immigrant communities in Michigan and Ohio. Click accept to close this message. As I have explained before, limited resources is the canard that the Biden administration drags out to explain why it refuses to enforce the immigration laws in the United States, and the Doyle directive is more of the same. endobj He serves as counsel to the Consulate of Mexico, Michigan/Northern Ohio. We can hold virtual meetingsby e-mail, phone, WhatsApp, Zoom, and Skype. The new memo updates and expands the exercise of prosecutorial discretion by ICE attorneys. 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Hence they are a priority for removal. Despite that fact, and even though they had their days in court and were ordered removed anyway, Doyle is telling her lawyers to simply give them their LPR status back, to live here forever. Wasteful De Facto Amnesty. In making this determination, ICE may consider the following: If you are currently facing deportation, Mr. Solomiany can guide you through the process of requesting prosecutorial discretion. Non-Priority Cases. Necessary cookies are absolutely essential for the website to function properly. Although Doyles bio identifies her as a recognized expert in complex immigration issues, I had never heard of her in my nearly 30 years of immigration practice. The following numbers represent some of the nationalities currently represented in removal proceedings in immigration courts across the country: The negative impact felt by the families and the community can not be ignored. For example, a law enforcement officer gives you a warning for speeding and lets you go while they can charge you. This has created a crisis in our immigration court system, which is incredibly dysfunctional and hearing dates are often pushed out years down the road, while families live in fear that they may never get due process and the opportunity to stay. ICE spends more per annum than six of the 50 states, but I digress. What constitutes a low priority varies from case to case. By directing the termination and dismissal of those hundreds of thousands of cases involving again removable aliens Doyle is making it impossible for any future administration to place more than a handful back into proceedings.

Immigrant, Inc. Why Immigrant Entrepreneurs Are Driving the New Economy (John Wiley & Sons, 2009). This site participates in the Amazon Associate program and earns revenue from qualifying purchases (links to books or products). While the Biden Administration has significantly curtailed the arrest and deportation of immigrants who are the U.S. without authorization and do not have criminal convictions, the fact remains that 1.7 million pending cases in removal proceedings are clogging the immigration courts across the country. Prosecutorial Discretion. <> After she was named ICE PLA, the local PBS outlet in Boston described Doyle as an outspoken critic of the agency who has led many lawsuits against it, explaining: Doyle has been particularly outspoken against ICE on Beacon Hill [the Massachusetts legislature], including one appearance in January 2020, where she called ICE out of control during a hearing over the Safe Communities Act, which would limit how state and local municipalities interact with federal immigration enforcement. Publisher - National News & Published Reports. We're legally required to request your consent. Del Webb Wildlight Starts Construction of New Amenities; Decorated Model Homes Open, Sales Underway At Active-Adult Community, Grant Cardone Foundation Hosted Economic Empowerment Workshop For 150 At-Risk Youth From The Circle of Commerce, Mike Davis Discusses Breaking Up Big Tech with Tucker Carlson, Fifth Circuit UpholdsMarketing Denial Orders forTriton Distributors Flavored E-Cigarette Products; ProductsMust Be Removed from Shelves. But opting out of some of these cookies may have an effect on your browsing experience. The new memo provides a strong directive by the Biden administration to ICE attorneys that they must follow the time-honored tradition within the law that prosecutors should do justice and prioritize scarce government resources in a way that maximizes public safety. Required fields are marked *. Stipulating in such a case would put the immigration judge in a bad position were the judge to deny the relief or protection: The alien (or counsel) would include my stipulation front and center in the appeal. That is valid, but when the applicable guidance is an order to exercise prosecutorial discretion, the discretion component goes out the window which is true of this directive. Priority cases are to be identified within PLAnet (OPLAs case management system) based on their specific priority, while cases that do not fall within any of those three narrow classifications are to be classified, and recorded in PLAnet, as a nonpriority case. ICE is the representative of the Department of Homeland Security (DHS) in immigration removal proceedings before the United States Department of Justices Executive Office for Immigration Review (EOIR). In addition, federal courts have, at times, intervened and enjoined prosecutorial discretion policies by ICE. The health and safety of our staff and clients is paramount. And, not surprisingly, at one time she was the chapter chair of the New England Chapter of the American Immigration Lawyers Association (AILA), which represents the interests of private immigration lawyers. If they change the priority status, they may support your PD request. Given the recent federal court ruling vacating Secretary Mayorkas September 30 memo, we need to know that DHS will soon rescind this OPLA guidance memo as well, and start doing its job and enforce our laws. As an attorney, I would rarely if ever stipulate to any relief for a simple reason: I may have missed something or overlooked some precedent. The Doyle Memo streamlines ICE process for designating enforcement priorities and provides greater discretion to ICE attorneys to exercise various forms of prosecutorial discretion in individual cases. The memorandum titled Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion (Doyle Memorandum) will be effective from 25th April 2022. From his office in Miami, Florida, he offers a valuable initial consultation in which he will review your case, answer your questions and give you a straightforward assessment of your chances at avoiding removal.

Thats likely because she is new to ICE, and to federal service for what thats worth: She has been Managing Partner with the Boston immigration law firm of Graves & Doyle for the past two decades. Other advertisers include direct sales and third party ad networks such as Google, OutBrain and NewsMax which may display ads from a variety of advertisers. Depending on the facts and circumstances, there may be some favor for an individual case. If the PLA were truly concerned about resource allotment, she would not have burdened her lawyers with the case assessment/reassessment protocol I described above. Consider the following statement: In performing their duties, OPLA attorneys are expected to exercise discretion at all stages of the enforcement process in accordance with the factors and considerations set forth in the Mayorkas Memorandum and this guidance. The whole idea behind prosecutorial discretion is that the prosecutor exercises it, or not. It is mandatory to procure user consent prior to running these cookies on your website. The Doyle Memorandum offers clear guidelines for prosecutors. This memo from the Principal Legal Advisor within ICE was misguided and is yet another Biden Administration initiative designed to severely undermine robust enforcement of our nations immigration laws. <> They are captured in the United States and they entered the country after 1.

Center for Immigration Studies Twitter Account, Center for Immigration Studies Facebook Page, Center for Immigration Studies Linkedin Account, Center for Immigration Studies Youtube Channel, dismantle immigration enforcement in the United States, Biden administration has attempted to restrict ICEs interior immigration enforcement efforts, DHS Secretary Alejandro Mayorkas on September 30, two earlier iterations of those restrictions were enjoined in part by a federal judge in Texas, under a partial injunction issued by Judge Michael Newman. These cases have accumulated over the years, dating back to Trump, Obama, and even George W. Bush. She seems an odd fit for ICE OPLA, but all of this goes to explain much of what is in the April 3 directive. Moreover, you can submit a request for PD. In this section, we will talk about these three priorities. The latest guidelines of ICE are welcomed by the American Immigration Lawyers Association (AILA). <> stream endobj ICEs OPLA is headed by Kerry E. Doyle, a former career defense attorney and frequentcriticof the agency. 2022 Law Offices of Alex Solomiany, P.A. 4 0 obj One thing is clear: the current immigration court system is unsustainable, unable to provide protect the due process rights of immigrants and their families, and represents a massive waste of scarce government resources. <> A 77-minute video showing police officers standing in the hallway of Robb Elementary School as a gunman slaughtered 19 children{}, NORTH PACIFIC OCEANTelling the crew member to have a little more respect for his place of work, Captain Sig Gunderson{}, On a recent boiling day, she donned a crop top and cutoff shorts the first time Casey LaCaze-Lachney had{}, Your email address will not be published. And, notably, those grounds of inadmissibility and deportability are written in mandatory terms.

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