Hey friends. If you're interested in hearing about the new DHS memo, which directs ice
to target certain individuals, watch this video, I assist changing things up a little
bit here, friends, and it's important for those of you who are in removal or, or who
have a removal order for you to know what this says and how it may impact you. Also,
if you stick around until the end, you're going to hear ways that our firm McBean law,
how we're helping our clients who are in removal or those who already have a removal order.
For those of you who are new to me, welcome to my channel. I'm Latoya McBean Pompey. I'm
an immigration lawyer, helping clients all over the us and in many different countries,
contact us at McBean law so that we could take a look at your case or your problem and
see how we might be able to assist you.
Now, let's dive right into the highlights of this memo, friends. This is a memo that
was issued on September 30th. It's called guidelines for the enforcement of civil immigration
law. The first thing that this memo does is it underscores or, or, or really focuses in
on the point that ice has prosecutorial discretion to do its work. This is broad discretion by
the ice agents to determine who to arrest, who to detain and who to remove from the United
States. Um, the memo talks about the fact that they're not taking the government is
not taking this away from ice agents. And in fact, this memo, friends rescind earlier
memos that the government had issued earlier this year, directing ice to only focus its
resources on very dangerous people. And those memos were under attack are still are under
attack by the states of Texas and Louisiana, which, um, those states sued the Biden administration
because they are effectively arguing that the new Biden policies are tying the hands
of ice agents.
They can't really do what they're supposed to do. And so this new memo now, um, kind
of tones things down a little gives ice agents, the broad discretion to make the decision
about who to arrest and who to remove from the United States. Now, although this memo,
um, you know, is kind of like a watered down version of the first couple of memos, it does
talk about ways that I should be targeting their resources. First thing that it says
is the fact that an individual is removable should not alone be the basis for an enforcement
action against them. The memo says that we will use our discretion and focus our enforcement
resources in a more targeted way. So who are they targeting? Who do they target now? Uh,
well again, those who pose a threat to our national security, public safety and border
security, specifically under national security.
It's those who are, um, who have been convicted of terrorism related or espionage related
crimes. But then you get into threats to public safety. The focus under threats to public
safety is really looking at those who present a current threat. Those should be the focus
of deciding when or who to apprehend and remove. According to the memo, agents should do a
full investigation. First, they're not supposed to just look at a database or a conviction
record and say, okay, that's the person I'm going after. No, they, the memo says that
the personnel, the ice personnel must evaluate the individual and the totality of the facts
and circumstances and exercise their judgment accordingly. Okay, here we have the judgment,
again, the discretion of the agent, uh, and the memo says the overriding question is whether
the non-citizen poses a current threat to public safety. And then it talks about the
fact that, okay, well, if the individual has, you know, a conviction record, okay, let's
analyze them a little bit more and determine how big or the gravity of the offense, what,
you know, how big is it, so to speak, how impactful is that, um, conviction.
So to speak the nature and degree of harm caused by the offense, how sophisticated was
the crime, uh, do they have a serious prior criminal record? Those are things that the,
uh, ice agent is supposed to evaluate here. And then on the other side of it, you know,
if individuals who are older or have tender age, uh, the memo says, or those who have
been here for a very long time in the us, or, um, or if they have a mental condition,
these are other factors that should be at, um, should be under consideration as well
as the ice agent is deciding who to arrest, detain and remove from the us. Um, so the,
again, this is all about their discretion. Now, the question is, well, do we really see
ice agents going through all of this, right? This deep evaluation and thinking process
before deciding who to detain?
Um, most likely no, right. Many of them probably won't do all of that. In my opinion. I think
that the decision about who to detain and such is typically a fast decision based on
conviction record. Okay. And the fact that they know about an individual now they could
consider all of these mitigating factors, uh, when it comes on to not removing the person
from the U S but in any event, these are the factors that are outlined in this memo for
the ice agent to consider. Now, those who are threats to our border, who are they threats
to border security. These are individuals who are caught at the border or caught inside
the U S after intron after November 1st, 2020. So, um, these are considered broadly as those
who pose a threat to our border security. This memo rescinds the prior memos. And this
goes into effect on November 29th, 2021.
Okay. So, uh, there, you have it ice agents, uh, the discretion that they have has really
been strengthened, I would say through this new memo that, uh, DHS recently issued. And
I think obviously they issued this memo because of the ongoing litigation involving Texas
and Louisiana right now. So, um, for those of you who are out there in removal, and you're
wondering, okay, can I get prosecutorial discretion at, am I a good fit to make a request to ice?
Uh, if you're here in the New York city area, as I always say, we represent people in removal
in Manhattan. Okay. So you may contact us so that we may look at your removal matter
to determine whether your case is a good fit for prosecutorial discretion. We do these
types of cases. The opportunity is open, is still there under the Biden administration.
And through this memo that would allow ice agent to consider using prosecutorial discretion
to make a decision about the cases.
Um, now if you're outside of the New York area, we could still help you by assessing
your case as well. And, uh, we will not physically go into court for you in Louisiana or Texas
or California. No, but we can assist you with pulling together a put in together, I should
say, or preparing a solid request, uh, to ice electronically. If your case is a good
case for prosecutorial discretion. So contact us at McBean law. You may call us at call
or text us at (516) 866-3900, um, or book your consultation online@mcbeanlaw.com. Friends.
I hope you found this helpful, share this with other people, give this a thumbs up and,
um, I will see you in the next one. Thanks so much for watching. Bye bye.