John Trasviña, ICE Principle Legal Advisor, issued the following new memo to ICE OPLA attorneys on May 27th:
Trasviña instructed his attorneys to follow the Biden administration’s priorities on focusing resources on public safety and national security threats, but also explained that prosecutors should consider an immigrant’s circumstances in cases.
ICE prosecutors are key players in the immigration system as they pursue deportations and make daily decisions on whether certain cases should be dismissed or whether an individual should be released from detention.
Immigration attorneys regularly request cases be delayed, closed, or dismissed in immigration court and prosecutors can choose to support or oppose those efforts as part of their discretion.
DHS officials want the dismissal process to be mostly led by immigration attorneys and their clients, as not everyone wants a case cleared from the court dockets.
"This interim policy marks a significant step towards a more just immigration system. It will also begin the process of reducing the 1.3 million case backlog in immigration courts."