Hey guys, in this video, we're gonna talk about the new ice policy to move as many people out of
immigration court precedent across the country to move as many of them off the docket as possible.
If you're in removal or, you know, someone who is in removal, watch this video and share it
with others. Of course, I'm attorney Lato. I am McBean POY and immigration lawyer in New York,
working with clients all over the world on complex business and family immigration matters.
Reach out to us at McBean law at 5 16, 8 6, 6 3900 or@mcbeanlaw.com, where you can book your
appointment before you go today, guys, don't forget to subscribe to my channel and hit that
notification bell so that you'll stay in the loop. Uh, as I put out my videos each week, now let's
talk about this. This is called prosecutorial discretion. I did a shorter video about this
just a few weeks ago when the memo was issued. And in that video, I talked about the fact that
the department of Homeland security has now it's attorneys, uh, in immigration court proceedings
to group people, to group the cases into two categories. The first category
is known as priority cases. Priority cases are the cases that the government wants to litigate
all the way until the end. They are not looking in to terminate or settle or close out those cases.
Not unless there are some other circumstances that your lawyer can argue that would allow ice
to settle the case with you, but those are priority cases. And I'm gonna talk about
which cases are priority cases shortly. The second category is known as non-priority cases.
Non-priority cases. Guys is basically everyone else who, uh, is on the docket in court, or
you may actually have had a removal order issued against you years ago. And there is an opportunity
for you to reopen your case terminate proceedings so that you may find get a green card through U S
C I S what we're learning based on an analysis by ALA the American immigration lawyers association,
this non-priority bucket, uh, consists of about 700,000 cases. And if they are labeled
non-priority ice is directed to get you off the docket, get you out of court
so that they could target their resources on the cases that really matter. This is the memo
that, um, lays it all out for us and helps us to understand the three categories. The, the
two, two categories I should say of individuals, but let's talk about the priority cases.
The who fall into the priority bucket. Again, priority cases are those that they do not want
To settle. They wanna litigate it all the way until the end. The first group is those that are
considered a threat to national security. Here. We're talking about people who are considered
a danger because they are suspected of terrorism or espionage related crimes. The second priority
group is called threat to public safety. The threat to public safety are those individuals
who have committed serious criminal conduct. Okay? But there are some circumstances in which ice will
allow your lawyer to argue certain backs circumstances, to determine whether, um,
yours is a case that they can settle, despite the fact that you may have a serious criminal record.
Okay. And then the third, um, types of cases that they are not looking to settle. And I'm gonna talk
about this in detail, because this applies to those of you who have some fraud on your
record. It is the threat to border security. If you are considered a threat to border security,
the government does not want to settle your case. Now, who are these people, right? Or
I should say, what types of cases are considered a threat to border security? I I've pulled up an
email that we sent out to our email list, uh, just a week or so ago that breaks it down in an
easy to understand way. And so, for those of you who are considered a threat to border security,
we're, we're talking about individuals who were apprehended at the border. You
were caught at the border or a port of entry for attempting to unlawfully enter the United States.
And you may have been involved in smuggling others into the country or cases where there,
uh, you it's considered a serious immigration fraud that must be, or has that has been,
I should say, has been criminally prosecuted. So when we talk about is serious immigration
fraud, we're talking about marriage fraud cases, and the memo did mention marriage fraud cases,
also cases involving a frivolous asylum application that resulted in that frivolous
asylum bar finding also considered a threat to border security are those
who use fraudulent documents, um, to get to gain entry into the United States, unless you use those
documents in an attempt to, uh, flee persecution. And then there are some other serious immigration
violations that the government does not like, and they do not wanna settle those cases. And
specifically the memo mentioned false claims to us citizenship. If you had, uh, misrepresented on,
uh, uh, an employment application that you are a us citizen, or you may have voted or registered to
vote, or you may have used a us passport or birth certificate to gain entry or some benefit, your
yours is a case that ice is indicated in its memo here, that they're not willing to settle.
How can prosecutor discretion help you, uh, close out your case or terminate removal proceedings
against you? Well, in our email, we gave folks some ideas of how it could help them. Firstly,
if you have a removal order and you're eligible to adjust your status, you're, you may request for,
uh, prosecutorial discretion to reopen your case and terminate proceedings against you. And we do
this, we do this for individuals all across the country, in all 50 states. Uh, we could help
you with this particular process to reopen and terminate your removal case so that you may go
to us CIS with your green card application, your 4 85, or we would request to reopen your case
and stipulate to the relief of granting you adjustment of status or the green card,
all in one, um, one request to ice. So this is very powerful for those of you who are eligible to
adjust your status, but you just haven't been able to get your case reopened in immigration court
proceedings to allow that to happen. There's a way now that it can happen for you. Now,
the other strategy that we discussed in our email is, uh, for those of you who may not be
eligible for adjustment of at is because of the way that you enter the United States potentially,
or the fact that you have unlawful presence on your record, and you now need a waiver,
the unlawful presence waiver that would allow you to go back to your country and be interviewed
at the us embassy. While you could ask that your case, your removal case be administratively close,
so that you could apply for this waiver and then leave the us for your embassy interview. Now,
we also talked about the fact that those of you who are actively in removal proceedings
right now, you could ask for that to be your case to be terminated because you're not considered an
enforcement priority. So you can do that, but
you have to strategically think about, well, if I ask that my removal proceedings be terminated,
will that yield me a green card? Am I gonna get a green card or not? Right. So for example,
if you have an asylum application pinned in or an immigration judge, and you have a really
strong case, your asylum application could potentially result in a green card for you,
is yours the type of case that you should ask that it be terminated. I would tell you if you
were my client, I would basically say, no, let's go all the way with my, the asylum application
so that you can get a green card in court rather than terminate precedent. But if you don't have
any other relief available to you, uh, and you wanna get out of the immigration court system,
you could ask that your case be terminated. Um, uh, and because basically, because you're
not an enforcement priority now, what types of prosecutorial discretion cases do we work on?
Well, firstly, friends, as I've mentioned, we work with folks nationwide, all 50 states. If
they need to reopen an old case, if they have a removal order and they need to,
and terminate precedent, we can do that for you. We also help those who need to stipulate to a
particular relief so that you wouldn't have to go back to U S C I S with a green card application.
We also, uh, ask for a case to be dismissed or terminated. Um, those of you who are in
ongoing removal, we do those ones as well. Now for New York. Here's what we do for clients
in New York city, immigration court. Only while we reopen old cases and terminate precedent. We also
stipulate to the relief that's available. Uh, we dismiss or terminate ongoing removal
precedents, and we also administratively close cases so that the client can vote, uh, apply
for the waiver for unlawful presence, and then go overseas for an embassy interview.
Or if they, um, are not gonna pursue a waiver, but they need to get the case administratively closed
or taken off the docket for, uh, various reasons. We work on those matters as well. Friends,
if you're in removal or you have a removal order work with a licensed immigration attorney
to settle the matter or to deal with the issues at hand that apply to your individual
unique situation. I hope you found this video helpful. Be sure to share it with others,
comment below and guys, I will see you in the next one. Thanks so much for watching. Bye.