Does Prosecutorial Discretion Still Exist?

Does Prosecutorial Discretion Still Exist?

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Recording Date 07/25/17
CLE Eligible No
Length 31 min.
Format MP3
SKU POD2017-08

On February 20, 2017, the Trump administration rescinded all existing conflicting directives, memoranda, and field guidance regarding the enforcement of U.S. immigration laws and priorities for removal, issuing its own guidance instead. Our expert panelists will discuss the impact of the new guidance and what it means for prosecutorial discretion.

  • Recent History of Prosecutorial Discretion: The Morton and Johnson Memoranda
  • The February 20, 2017 Memoranda
    • DHS Enforcement Priorities
    • Exercise Of Prosecutorial Discretion: Case-by-Case Basis
  • Are ICE Attorneys Still Exercising Prosecutorial Discretion?
  • Getting DHS to Exercise Prosecutorial Discretion for Your Client Despite the New Enforcement Climate


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Katy Lewis (DL), San Francisco, CA
Kathleen C. Gasparian, New Orleans, LA
Patrick Taurel, Washington DC

The speaker's/author’s views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided are based on the speaker's/author’s experiences and the current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and experiences may differ from your own.

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