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New DHS memo on Exercise of Prosecutorial Discretion

As with the other parts of the memo, it is wide open, vague and ambiguous. States officers can arrest and detain if ‘probable cause’, but there is no definition as to how it defines this term and under what conditions.

No more excluding any classes from prosecutorial discretion. Thus, it seems wide open to try to get as many foreign nationals as possible.

Be prepared to fight in Court.

More on new Memo by DHS on priorities to remove

The DHS memo seems to now want to greatly expand expedited removal of foreign nationals.

The memo goes on to State that local and State enforcement officers need to enforce U.S. Immigration Laws

There will certainly be a wide variety of lawsuits on this memo because it is vague, ambiguous and far too broad and puts persons who are not removable under the law into its net.

New DHS Memo on Enforcement of Immigration Laws

All prior enforcement memos are rescinded except those dealing with issues when children were brought to the U.s.

No longer are certain foreign nationals  exempted from enforcement. 

The memo seems to now prioritize removability actions against those persons with crimes and fraud

The new priorities (which may be able to be fought in Court) are 1. those convicted of ANY criminal offense, 2. charged but not convicted, 3. committed acts which constitute a criminal offense, but no arrest or conviction, 4. committed fraud against the government, 5) abused any program to receive public benefits, 6) subject to final order of removal or 7) are deemed by an immigration officer to be a risk to public safety

Essentially – it leaves WIDE OPEN interpretation and attempts to remove foreign nationals who do not have removable offenses under the law.

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