Tag Archives: ICE

ICE No Longer Honoring New Prosecutorial Discretion Memo

From the Carolinas Chapter of the American immigration Lawyers Association:

“ICE is now implementing it’s new policy of enforcement in accordance with the November Executive Action. But for those who have not yet received that desperate call from the client who has been taken into custody at his ICE check in, this is it: If the foreign national has a significant misdemeanor (most often arising in the form of a DUI/DWI) conviction or 3 misdemeanors or a final order after 1/1/14, he / she will be taken into custody when he / she checks in with ICE. If he / she is not checking in with ICE, he / she stands a chance of getting the knock on the door at 5:00 a.m. Individuals are being taken into custody even if they are currently in removal proceedings in Charlotte. They are being transferred to Stewart with no holds. ICE has been given the instructions NOT to take into consideration DACA or DAPA eligibility in such detention decisions.”

These directives have apparently come directly from HQ in Washington and are not the acts of rogue agents. It is absolutely imperative that you advise your clients accordingly.

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