The prosecutors of the Department of Homeland Security evaluate various aspects of a non-citizen to decide on their situation, but there are basic situations that they take into account that could help or complicate a case
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Monday, October 21
The 9 factors that ICE evaluates with its new deportation guide
With the new order of the Department of Homeland Security (DHS) on deportation priorities and granting greater discretion to the Immigration and Customs Enforcement prosecutors ( ICE ) have different guidelines on which cases to pursue.
The Fiscal Discretion (DP) is the authority that is granted to the attorneys of the ICE agency before immigration courts, that is, the Executive Office for Immigration Review (EOIR).
In this way, the prosecutors of the Office of Chief Legal Counsel (OPLA) can decide on the procedures “of exclusion, deportation and removal” of immigrants .
The prosecutor’s discretion applies at different stages of the expulsion process. ion, indicates the agency on its description.
” Applies to a variety of determinations a bond, join the motions of non-citizens before the immigration court and agree to dismiss the cases ”, he indicates.
Currently, the members of the OPLA exercise their prosecutorial discretion on a case-by-case basis , but considering the guidelines of the current administration.
In this sense, the agency considers at least nine key factors to decide on a case:
1. The time of residence of the non-citizen in the United States.
2. The service of the non-citizen or his family in the Army from the USA
3. Family ties or community of the immigrant.
4. The circumstances of arrival from abroad to the United States and the manner of their entry.
5. The history previous immigration of the immigrant.
6. The work history and educational abroad in the United States.
7. Whether or not the person is a victim, witness or plaintiff in civil proceedings or penal .
8. Also considered humanitarian factors pressing issues present in the case of the non-citizen (including by close relatives of the non-citizen), including: serious medical condition, age, pregnancy, if a minor and if he is the main caregiver of a sick relative.
9. If the person committed a crime, but there are conditions on this:
>> The extent, seriousness and timeliness of the criminal activity.
>> Signs of rehabilitation.
>> Mitigating circumstances related to the crime or condemnation. >> The time and duration of the sentence imposed, if any.
>> The time elapsed since the crime or conviction occurred.
>> If subsequent criminal activity supports the determination that the immigrant represents a threat to public safety.
The agency explains that these factors are some of various s that are taken into account, because “each case is unique”, so There are other elements to evaluate .
“The more communicative a non-citizen when presenting information… more easily OPLA’s attorneys will be able to evaluate the totality of the circumstances and make informed discretionary judgments ”, it was advanced.
