Updates on Prosecutorial Discretion and Enforcement

The change in administrations in January 2021 quickly brought sweeping changes to the federal government’s immigration enforcement priorities. Agencies subsequently implemented these changes in their guidelines to officers, adjudicators, and trial attorneys in removal proceedings, providing for greater prosecutorial discretion. During this session, we will look at the last year of changes in prosecutorial discretion and enforcement, focusing on the most recent updates that can affect clients in their affirmative applications, removal proceedings, or encounters with enforcement officers. We will also consider strategies practitioners can employ to achieve the best outcomes possible for their clients in light of these changes.