ICE Provides Guidance on Submitting Prosecutorial Discretion Requests to OPLA

ICE provided guidance on submitting a prosecutorial discretion request to OPLA including a listing of relevant email addresses that can be used when submitting a request to OPLA field locations.


On August 23, 2021, in the Texas, et. al. v. United States, et. al., ltigation, Judge Drew Tipton of the U.S. District Court for the Southern District of Texas issued a stay, stating that: “As for the actual injunction, the Court grants relief to the extent that it STAYS the applicability of the Preliminary Injunction, (Dkt. No. 79 at 157-58), until Monday, August 30, 2021, at 12:00 p.m. to allow the Defendants time to seek relief at the appellate level.”

For more information, read this Politico article, Trump-Appointed Judge Clashes with Biden DOJ in Immigration Suit.

In light of Judge Tipton's stay, ICE removed a note it had added to its website following the August 19, 2021, nationwide injunction in Texas v. United States that stated that OPLA had suspended reliance on this guidance. The ICE website once again shows the original information provided about prosecutorial discretion in accordance with the Biden administration's enforcement priorities and this guidance.

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Cite as AILA Doc. No. 21061430.

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