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DHS Announcement Regarding Pending Deportation/Removal Cases

1. The approximately 300,000 cases currently in deportation proceedings will be reviewed by senior DHS officials. Immigration judges and ICE trial attorneys will also be reviewing their cases on a daily and weekly basis to make sure that any case that goes forward is consistent with DHS enforcement priorities.
2. This announcement is DHS’s attempt to “unclog” the deportation case log by removing “low-priority” cases in order to focus on individuals who pose serious dangers to our communities and our country.
3. “High-priority” individuals include, but are not limited to, those who pose a serious threat to national security, are serious felons and repeat offenders, are known gang members, or have a record of repeated immigration violations.
4. “Low-priority” individuals include, but are not limited to, veterans; long-time, lawful residents; DREAMers and others brought to the US as children; pregnant women; victims of domestic abuse and other serious crimes; and spouses, including LGBT spouses.
5. Individuals in deportation proceedings who are deemed “low-priority” will get a letter from DHS stating their case has been administratively “closed”.
6. Those whose cases are closed can apply for a work permit program. Decisions about work permits will be made on a case-by-case basis. Undocumented immigrants not in deportation proceedings cannot seek work permits.
7. Individuals SHOULD NOT attempt to be placed in deportation proceedings in order to apply for a work permit.
8. The announcement does not change programs such as 287g and Secure Communities.

FACTORS THAT WILL INFLUENCE PROSECUTORIAL DISCRETION

(Please note that this is list is not exhaustive)

1. The agency’s (DHS) civil immigration enforcement priorities;
2. A person’s length of presence in the U.S., with particular consideration to presence of lawful status;
3. The circumstances of the individual’s arrival, particularly if arrival was a young child;
4. Graduation from high school and the pursuit of higher education;
5. U.S. Military Service;
6. Criminal History;
7. Immigration History;
8. Whether the person is a national security or public safety concern;
9. Ties to the community;
10. Ties to the home country;
11. Whether the person is elderly or a minor;
12. Whether the person is pregnant or nursing or suffers from a severe mental or physical illness;
13. Likelihood of permanent or temporary immigration relief; and
14. Likelihood of removal.

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