March 19, 2015

Washington, D.C. – The American Immigration Council and the American Immigration Lawyers Association are pleased to announce a new practice advisory entitled Prosecutorial Discretion Requests Under the Johnson Enforcement Priorities Memorandum. This Practice Advisory provides a close reading of Secretary Johnson’s November 20, 2014 memorandum on Policies for the Apprehension, Detention and Removal of Undocumented Immigrants. It briefly discusses DHS’s new three-tiered enforcement prioritization scheme, the various exceptions to the enumerated priorities, use of detention, and steps the agency is taking to implement the new policies.

In addition, the American Immigration Council has updated a practice advisory entitledProsecutorial Discretion: How to Advocate for Your Client, which provides an overview of prosecutorial discretion in the immigration context. This Practice Advisory discusses the aforementioned Johnson Enforcement Priorities Memo as well as all other applicable agency guidance. It features practical tips for attorneys seeking to persuade immigration officers to exercise prosecutorial discretion in favor of their clients.