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DHS Announcement Regarding Pending Deportation/Removal Cases
- The approximately 300,000 cases currently in deportation proceedings will be reviewed by senior DHS officials. Immigration judges and ICE trial attorneys will also be reviewing their cases on a daily and weekly basis to make sure that any case that goes forward is consistent with DHS enforcement priorities.
- This announcement is DHS’s attempt to “unclog” the deportation case log by removing “low-priority” cases in order to focus on individuals who pose serious dangers to our communities and our country.
- “High-priority” individuals include, but are not limited to, those who pose a serious threat to national security, are serious felons and repeat offenders, are known gang members, or have a record of repeated immigration violations.
- “Low-priority” individuals include, but are not limited to, veterans; long-time, lawful residents; DREAMers and others brought to the US as children; pregnant women; victims of domestic abuse and other serious crimes; and spouses, including LGBT spouses.
- Individuals in deportation proceedings who are deemed “low-priority” will get a letter from DHS stating their case has been administratively “closed”.
- Those whose cases are closed can apply for a work permit program. Decisions about work permits will be made on a case-by-case basis. Undocumented immigrants not in deportation proceedings cannot seek work permits.
- Individuals SHOULD NOT attempt to be placed in deportation proceedings in order to apply for a work permit.
- The announcement does not change programs such as 287g and Secure Communities.
FACTORS THAT WILL INFLUENCE PROSECUTORIAL DISCRETION
(Please note that this is list is not exhaustive)
- The agency’s (DHS) civil immigration enforcement priorities;
- A person’s length of presence in the U.S., with particular consideration to presence of lawful status;
- The circumstances of the individual’s arrival, particularly if arrival was a young child;
- Graduation from high school and the pursuit of higher education;
- U.S. Military Service;
- Criminal History;
- Immigration History;
- Whether the person is a national security or public safety concern;
- Ties to the community;
- Ties to the home country;
- Whether the person is elderly or a minor;
- Whether the person is pregnant or nursing or suffers from a severe mental or physical illness;
- Likelihood of permanent or temporary immigration relief; and
- Likelihood of removal.
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Memo on Immigration Accountability Executive Actions
Click here to read more. -
New Immigration Policy For Dream Act Candidates
Click here to learn more. -
Deferred Action Process for Young People (Ages 15 to 30)
Click here to learn more or contact us for more information. -
TPS FOR SOMALI NATIONALS EXTENDED BY THE DHS
Click here to learn more. -
The Harlem Times attended Jadoo & Zalenski's office warming party. Click here to view photos from the event.
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