As we know on November 20, 2014, the Secretary of Homeland Security announced new immigration enforcement priorities and guidance on the exercise of prosecutorial discretion entitled Policies for the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum. All DHS agencies, including U.S. Immigration and Customs Enforcement (ICE), will apply these priorities when deciding which aliens to arrest, detain, and remove from the United States. ICE has long used prosecutorial discretion in performing its immigration enforcement mission, and is updating its procedures and training to implement the new priorities.
The Secretary also issued a memorandum entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Whose Parents are U.S. Citizens or Permanent Residents, which, through the exercise of prosecutorial discretion, allows individuals who meet the eligibility criteria to apply, on a case-by-case basis, for DACA and deferred action.
Information given in this guidance is about how to seek prosecutorial discretion, including for individuals eligible for DACA and deferred action, from ICE under the new priorities.