• Hours & Info

    (562) 495-0554
    M-F: 8:00am - 6:00 p.m.
    Sat: 9:00 a.m. - 12:00 p.m.
  • Social

  • Past Blog Posts

Under immigration reform USA, here are exceptions to the priorities of deportation

The immigration reform USA has made specific reference to three priorities and how they are to be deported and put into removal proceeding and deported. However, the same memorandum, explains Brian D. Lerner, goes into exceptions of what you can do in order to not be deported or placed into deportation proceedings, even if you fall under one of the priorities.

Priority 1 Exceptions:

Brian D. Lerner reminds that Priority 1 targets are the highest level of targets, such as terrorist suspects, national security, various felonies, aggravated felons and various gang related crimes. The immigration reform USA exceptions to priority 1 are as follows: Of course, if you qualify for asylum, then it does not matter if you are in priority 1 as you can apply and stay if granted asylum. However, the immigration reform USA states that if you do not qualify for asylum and are under priority #1, that you can request that under prosecutorial discretion, you are not placed into removal proceedings and/or removed if in the judgment of an ICE Field Office Director, CBP Sector Chief, or CBP Director of Field Operations, there are compelling and exceptional factors that clearly indicate you are not a threat to national security, border security, or public safety and should not therefore be an enforcement priority.

Clearly, the immigration reform USA is quite strict on allowing an exercise of prosecutorial discretion if you are under Priority #1. It also allows a variety of levels of personnel to make the decision. It might be best, states Brian D. Lerner, to apply with the top official, rather than the lowest level official who might not have as much sympathy or knowledge or procedure. However, it is possible explains Brian D. Lerner if you have a packet put together that is persuasive and that shows that there are compelling and exceptional factors to grant the request for prosecutorial discretion to not be removed. In the memo itself, in the immigration reform USA, it does not discuss what is defined as ‘compelling’ or ‘exceptional’, and therefore, there is lots of room to properly argue relief from deportation.

Priority 2 Exceptions:
Brian D. Lerner reminds that Priority 2 is the mid level priority to deport people. In summary, Priority #2 deals with persons who have 3 or more various misdemeanors, or a significant misdemeanor of which deals with specific crimes such as domestic violence, gun crimes, drug crimes, burglary, or other crimes where there was 90 days or more in custody. The immigration reform USA also included in Priority #2 includes people entering illegally or re-entering illegally and cannot prove they have been in the U.S. prior to January 1, 2014 and finally those people who have abused the visa waiver or other visa programs and in their discretion should be deported.

Thus, Brian Lerner states, that under immigration reform USA, it is in the memorandum that in order to try to apply for prosecutorial discretion so that you are not deported or put into deportation proceedings if you are in Priority #2, the following must be done: First, as with Priority #1, if you qualify for asylum, explains Brian D. Lerner, then you will not be deported here. However, assuming that is not the case as under the immigration reform USA, in the judgment of an ICE Field Office Director, CBP Sector Chief, CBP Director of Field Operations, USCIS District Director, or USCIS Service Center Director, there are factors indicating the alien is not a threat to national security.

Brian D. Lerner, explains that the procedure and requirements to qualify for a Priority #2 exception, might look the same as Priority #1 under the immigration reform USA, it is not the case. First of all, you do not need to show ‘compelling’ or ‘exceptional’ circumstances. Brian Lerner states this is huge. The burden of proof needed to show why prosecutorial discretion should be exercised is much less with a Priority 2 request. Additionally, in Priority 2, you must only show that you will not be a threat to national security, whereas under Priority 1, you must show not only you will not be a threat to national security, but to border security or public safety. Thus, the immigration reform USA makes it abundantly clear that it will be easier to get prosecutorial discretion granted under Priority 2, rather than Priority 1.

Priority 3 Exceptions
As you might already guess, Brian D. Lerner explains, Priority #3 is the least priority given to deporting people. The immigration reform USA states that Priority #3 which basically consists of persons issued a final order of removal after January 1, 2014, but do not fall under the other priorities.

In order to be issued prosecutorial discretion if you fall under Priority 3, it must be shown that in the judgment of an immigration officer, the alien is not a threat to the integrity of the immigration system or there are factors suggesting the alien should not be an enforcement priority. Thus, Brian D. Lerner states that under immigration reform USA, this burden is even less than Priority 2. No arguments need to be made about national security. Rather, it must be shown that there is no threat to the integrity of the immigration system, or in the alternative, you are not an enforcement priority. Brian Lerner states it is a bit ambiguous what exactly is meant by ‘integrity to the immigration system’, but the fact it is listed on Priority 3 exceptions, would mean it has the least amount of burden to prove.

Therefore, there are ways to argue that prosecutorial discretion should be exercised in each and every priority. Brian Lerner reminds you that you should have the packet for prosecutorial discretion exercised in a very persuasive manner and get a qualified immigration attorney to help comply with the requirements of the immigration reform USA.

Immigration Reform News Makes new Policies for deportation

The immigration reform news has made new policies states Brian D. Lerner, for who will be targeted for deportation. There are three different priorities with the first priority being the highest level of deportation and the second priority being the middle level priority and the third priority given the least preference and lowest priority for deportation.

However, the immigration reform news makes clear that there are issues and policies that apply to all of the priorities. Brian D. Lerner explains that prior policy memos were specifically revoked per the immigration reform news. The memorandum by Jeh Johnson states as follows: Nothing in this memorandum should be construed to prohibit or discourage the apprehension, detention, or removal of aliens unlawfully in the United States who are not identified as priorities herein. However, resources should be dedicated, to the greatest degree possible, to the removal of aliens described in the priorities set forth above, commensurate with the level of prioritization identified. Immigration officers and attorneys may pursue removal of an alien not identified as a priority herein, provided, in the judgment of an ICE Field Office Director, removing such an alien would serve an important federal interest. Unfortunately, Brian D. Lerner, immigration attorney, states that this is a rather wide open policy. It certainly allows an ICE official to simply claim that deporting a particular individual is in the ‘federal interest’ of the U.S., or deporting somebody who entered illegally would serve the ‘federal interest’ by not encouraging others to do the same act. The immigration reform news certainly has delineated the different policies, but this particular paragraph, explains Brian D. Lerner is problematic. It would seem that the ICE official which is essentially on the bottom of the enforcement hierarchy should not be given the authority in her own individual opinion what is and is not in the Federal interest of the U.S. This is exactly what the memorandum on the ‘policies’ of deportation spells out.

The immigration reform news then goes on to state that its policies on detention. It is actually quite fair states Brian D. Lerner. Specifically, the immigration reform news states as follows regarding the detention policies: As a general rule, DHS detention resources should be used to support the enforcement priorities noted above or for aliens subject to mandatory detention by law. The immigration reform news states that absent extraordinary circumstances or the requirement of mandatory detention, field office directors should not expend detention resources on aliens who are known to be suffering from serious physical or mental illness, who are disabled, elderly, pregnant, or nursing, who demonstrate that they are primary caretakers of children or an infirm person, or whose detention is otherwise not in the public interest. The Law Offices of Brian D. Lerner states it is about time. There has been years of detaining pregnant mothers, elderly, mentally infirm and persons with physical disabilities. It has taken a toll and not looked very humane to the rest of the world. However, the immigration reform news per this memo seems to put an end to this type of detention. The immigration reform news goes on to state that to detain aliens in those categories who are not subject to mandatory detention, DHS officers or special agents must obtain approval from the ICE Field Office Director.Brian D. Lerner explains this is very fair as it does not put all the decision making ability in the front-line officer and will make a more uniform execution of this policy If an alien falls within the above categories and is subject to mandatory detention, field office directors are encouraged to contact their local Office of Chief Counsel for guidance.

Brian D. Lerner explains that this immigration reform news shows how the Obama administration priority is to not deport or to detain persons who are not in the listed priorities of deportable persons. What is interesting, explains Brian D. Lerner, is that on other parts of this memo, broad discretion is given to officers to decide whether or not to place one in removal proceedings. However, here, if the person is in detention, in accordance with the immigration reform news, they are not given that discretion, and in actuality, must go to a supervisor to keep the person detained if they fall under this category. Thus, the immigration reform news is good, but there are parts that could use clarification states Brian Lerner.

Immigration reform 2014 news by President Obama will help millions of people


Immigration reform 2014 news is very good for the people who are here illegally in the United States.f Unfortunately, shares Brian D. Lerner, Immigration Attorney, it is an executive order, so once President Obama is no longer President of the United States, the executive order can simply be revoked.


The Law Offices of Brian D. lerner can take the immigration reform 2104 news and start preparing the applications at the present time.  There are several different items which President Obama discussed in the immigration reform 2014 news.  The first and probably one of the most important is the expansion of DACA. This is also known as the Dream Act, or Deferred Action or Deferred Action for Childhood Arrivals.


See Brian D. Lerner speak about the immigration reform news 2014 about the new DACA


In order to understand how the Immigration reform news 2014 differs from the old or current DACA, it is necessary to understand first what was originally promulgated by President Obama for the last few years. Brian D. Lerner, immigration attorney explains that this is the current DACA, prior to the immigration reform 2014 news by President Obama:



  • Have arrived in the U.S. when they were under the age of sixteen;
  • Have continuously resided in the U.S. for at least five years prior to June 15, 2012 and have been present in the U.S. on June 15, 2012;
  • Currently be in school, have graduated from high school, have a GED, or be an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces;
  • Not have been convicted of a felony offense, a “significant misdemeanor offense,” three or more non-significant misdemeanors, or otherwise pose a threat to national security or public safety; and
  • Have been under thirty-one years old on June 15, 2012.



Now, with the immigration reform news 2014, all of the basic requirements are the same, except there are a couple very important changes states Brian D. Lerner. As one can see from the above description, the persona applying for the old DACA needed to be no more than 31 years old as of June 15, 2012. However, the new expanded DACA does not have an upper age limit states Brian D. Lerner.  Thus, the immigration reform news 2014 mandates that you must be under 16 when you entered the U.S., but no longer is there a 31 year age cap.


The next item, explains Brian Lerner which is different from the older DACA is that you do not have to be residing in the U.S. from 2007. Rather, January 1, 2010 is when you have to be present in the U.S. in order to qualify for DACA under the immigration reform news 2014. Brian D. Lerner explains that the next change is that the period of work authorization will be 3 years, not the two years as is currently the case.


It would be a good idea to have the application prepared right now. The immigration reform news 2014 states that 90 days after November 20, 2014 is when  these newly expanded DACA applications will be accepted. Therefore, Brian D. Lerner states that you should start right away and then complete preparation and have ready to file in 90 days from the issuance of the order.

%d bloggers like this: