If you’ve paid any attention to the news, or maybe you’ve even been stopped and not detained, you know that immigration detention populations are plummeting.
We’ve not been seeing people be detained as we have in years past. So, where is ICE, and do you need to worry? Let’s take a look at the discretionary prosecution by Immigration and cover what you really need to know.
Criminal Charges Without Detainers
Before the Biden administration’s memo regarding prosecutorial discretion for immigration cases, we were seeing immigration detainers for any arrest—anything from a traffic ticket to felony charges. That means ICE, Immigration Customs Enforcement, would quickly slap a detainer on you, even if you’d paid your bond for the criminal charge on which you were arrested.
Remember, though, not every person is eligible for this prosecutorial discretion policy. So, for example, if you arrived in the U.S. after November 1, 2020, if you are a convicted aggravated felon or a terrorist, you’re on the ineligibility list.
Notice how I said convicted? That’s important. Being charged with a felony crime doesn’t mean you’re automatically ineligible for prosecutorial discretion. You have to have been convicted, which is all the more reason for you to have not only a good immigration lawyer but a strong criminal defense attorney.
You’re in luck, though, because that’s exactly what we do and have done at Peek & Toland for the last 16 years.
Are You in the Clear?
So, what we all want to know is if this policy will last forever. That would be great, right? But, unfortunately, we don’t have a crystal ball, so we don’t know if or when this policy will change, as immigration practices are ever-evolving.
Whether or not the prosecutorial discretion policy lasts until the end of time isn’t much comfort if you face a criminal charge. ICE is ignoring most folks getting arrested for the moment. However, that doesn’t mean your criminal charges will be ignored, and it doesn’t mean ICE will continue to ignore undocumented persons who have been arrested.
Don’t risk your future in the U.S. Give our trusted immigration and criminal defense attorneys a call to discuss your options and secure your future in this most opportune time.
Continue to follow us on social media as we dissect the immigration and criminal defense issues that matter to you.