Immigration Attorney in Fort Myers & Surrounding Areas

Fort Myers Attorney for Prosecutorial Discretion Cases

How ICE Prioritizes Removal Proceedings

For immigration purposes, prosecutorial discretion refers to the authority that ICE has to which case is a priority for removal. ICE has limited resources – therefore, it can decide how it wants to best use those limited resources.

In the past, individuals could request prosecutorial discretion in their removal proceedings. Currently, under the Trump administration, the practice of prioritization has generally been abandoned. Rather than focus resources on particularly high-priority cases, ICE has been instructed to pursue most removal proceedings with the same vigor.

If you are facing removal proceedings, Hurtado Immigration Law Firm can help. Though we cannot currently rely on prosecutorial discretion, we still maintain a thorough understanding of how to address removal proceedings and are ready to fight for you.

Give us a call at (239) 800-0580 to discuss your case with our Fort Myers immigration attorney.

Using Prosecutorial Discretion

Before 2017, ICE exercised its prosecutorial discretion in many different ways. For example, ICE could prioritize criminal aliens who are a danger to the community for deportation over the removal of non-criminal aliens who have strong ties to their communities.

Requesting Lower Priority

If you are in removal proceedings, ICE will generally not accept any requests to consider your case a low priority. Previously, ICE may have decided not to issue a Notice of Hearing in your case and leave your case in abeyance indefinitely. Individuals who had already been issued a Notice of Hearing could ask ICE through the Office of the Chief Counsel to join them in a motion to administratively close the case.

With President Trump’s zero-tolerance policy in effect, requests to use discretion have proven ineffective.

Work with Hurtado Immigration Law Firm

Because the future of prosecutorial discretion remains up in the air, it is in your best interest to consult with a Fort Myers immigration attorney if you are facing potential removal. Immigration law is volatile, so new policies could be introduced any day. It is also possible that prosecutorial discretion could one day be reintroduced.

Hurtado Immigration Law Firm is happy to assess your situation and determine what is the right option for you.

Contact us today to schedule a comprehensive consult with an experienced attorney. Call (239) 800-0580.

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Client Testimonials
  • ...I will use this firm again. Highly recommended.

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