ICE Guidance on Nonpriority Cases

Mike LaSusa for Law360 reports that U.S. Immigration and Customs Enforcement has instructed immigration trial attorneys to drop “low priority” cases.  The new guidance aims to reduce the immigration court backlogs.  Kerry Doyle, ICE’s Office of Principal Legal Advisor, released the guidance earlier this week.  

“The exercise of prosecutorial discretion, where appropriate, can preserve limited government resources, achieve just and fair outcomes in individual cases, and advance DHS’s mission of administering and enforcing the immigration laws of the United States in a smart and sensible way that promotes public confidence,” Doyle said.

The guidance directs ICE trial attorneys to dismiss cases or decline to initiate new immigration court proceedings against noncitizens who are not considered enforcement priorities under agencywide guidance issued in September 2021.

KJ