The Immigration and Nationality Act (INA) sets forth the laws that Immigration
and Customs Enforcement (ICE) agents are to follow in their enforcement
actions. However, due to a lack of resources, ICE agents must make decisions
about whom to arrest and detain. This is called prosecutorial discretion.
Although prosecutorial discretion can be helpful and even prevent deportation
in some cases, it is not always the best option to pursue, simply because
there are no guarantees that it will actually help an immigrant avoid
deportation, particularly under the Trump administration. The exercise
of prosecutorial discretion is not always straightforward, and may vary
from case to case. For instance, historically, ICE has focused on arresting
and detaining criminals and other immigrants who pose a threat to public
safety or national security. Under the new administration thus far, there
appears to be no distinction made between “high-priority”
and “low-priority” individuals. Although time will tell, prosecutorial
discretion does not appear to have much of a role in this administration,
although when questioned, representatives from ICE field offices refused
to admit that there has been a formal moratorium placed on prosecutorial
discretion. Immigration attorneys tell a different story; they indicate
that temporarily postponing deportation proceedings based on prosecutorial
discretion is no longer a legal option. An executive order signed by Trump
appears to form the basis for this major shift in policy. At
Landerholm Immigration, A.P.C., we care about you and your family, and want to help you preserve your
home in the United States. However, if you have committed a crime that
makes you potentially deportable, you need legal representation right
away. We focus our law practice solely on deportation defense cases, which
allows us to expend all of our efforts in standing up for the rights of
those who are facing potential deportation, including those who are seeking
relief based on prosecutorial discretion. Our California deportation defense
lawyers know how to gather persuasive evidence to support your case and
we know all of the procedural ins and outs of the U.S. deportation system.
Allow us to handle your deportation case by contacting us today to schedule your
legal consultation.
Categories: