The most important and encouraging news of the moment is the recent decision by the Secretary of Homeland Security to create rules to practice “Prosecutorial Discretion” in the Immigration context, meaning that they would focus their resources on “High Priority” cases on individuals who pose a real threat to public safety or national security.

According to the Department of Homeland Security, the main characteristics of High Priority are: (1) persons who have been involved in or are suspected of having been involved in terrorism, espionage, or other related activities, or whose arrest is necessary to protect the national security of the United States; (2) persons who were arrested at the border attempting to enter illegally after November 1, 2020 or who were not physically present in the United States prior to November 1, 2020; or (3) persons who have been convicted of an aggravated felony, who have been convicted of gang-related crimes, or who are not under the age of 16 and have intentionally engaged in unlawful gang-related activity; and are determined to pose a danger to public safety.

On the other hand, Immigration prosecutors may determine whether or not to continue removal proceedings depending on mitigating or aggravating factors. Some of these mitigating factors are (1) length of residence in the United States, (2) service in the U.S. Armed Forces, (3) family and community ties in the United States, (4) circumstances and manner of entry into the United States, (5) prior immigration history, (6) current immigration status (permanent resident merits further consideration, not excluding other statuses); (7) work history in the United States; (8) seeking or having completed education in the United States; (9) being a victim, witness, or complainant in a civil or criminal case; (10) whether the person has any immigration benefits for which he or she is eligible; (11) having contributed to the community; (12) other humanitarian factors such as poor health, age, pregnancy, being a minor, or being the primary caregiver for a sick family member in the United States. Aggravating factors are (1) criminal history; (2) participating in the violation of human rights of others; (3) extensive violations of immigration law; (4) fraud or material misrepresentation to an immigration officer.

In those cases where the person has significant mitigating factors, it is possible to ask the prosecutor in charge of the case to close it. Likewise, if the person has a final order of deportation, he or she may also be able to avail himself or herself of a legal benefit by requesting that his or her case be reopened in order to request the benefit from the Immigration Judge. In order to do so, it is necessary to make a formal request to the Immigration prosecutor. Attorney Sandoval emphasizes that the assistance of a competent immigration attorney can make the difference between the approval or denial of the petition.

For advice on this topic, please contact us at 954-306-6921 or via: Source