Prosecutorial Discretion on Standby

On September 30, 2021, the memorandum, “Guidelines for the Enforcement of Civil Immigration Law”, was issued by Department of Homeland Security Secretary Alejandro Mayorkas. Respondents, private bar attorneys, government attorneys, and judges were finally able to again request Prosecutorial Discretion in the interest in justice and efficient use of resources. Thousands of cases across the country were taken off of the backlogged immigration court dockets, keeping families intact and our communities stronger.

However, on June 10, 2022, a federal judge in the Southern District of Texas vacated the memorandum. The court stayed its decision until June 24, 2022, to give the government time to appeal. The Department of Justice (DOJ), which represents the federal government’s interests in this suit, has filed an appeal of the decision with the Fifth Circuit. However, the Fifth Circuit has allowed the temporary stay of the district court’s order to expire; therefore, the Memo has been vacated. This means that DHS officers will no longer be able to rely on the Memo as guidance for their individual apprehension and detention decisions.

It is unclear at this time how the Detroit ICE Office of Principal Legal Advisor will address prosecutorial discretion requests now. Check back here for the latest news on August 26th, 2022.