The new memo, explains Brian D. Lerner based upon the immigration reform bill latest news is divided into priorities. Basically priority 1 is who gets put into removal proceedings and who is targeted for deportation. As you would expect, claims Brian D. Lerner, it would be those with various kinds of crimes and those who have committed aggravated felonies.
However, there are other priorities in the immigration reform bill latest news. Priority 2 consists of (misdemeanors and new immigration violators). The immigration reform bill latest news states that aliens described in this priority , who are also not described in Priority 1, and Brian D. Lerner states that this represents the second-highest priority for apprehension and removal. Note it is the 2nd highest which means that it will be easier to get a Prosecutorial Discretion request granted.
The immigration reform bill latest news states on priority 2 that resources should be dedicated
accordingly to the removal of the following:
(a) aliens convicted of three or more misdemeanor offenses, other than minor traffic offenses or state or local offenses for which an essential element is the alien’s immigration status, provided the offenses arise out of three separate incidents. Brian Lerner states that this element seems to be met whether it is significant or insignificant misdemeanor offenses (unless of course we are talking only about traffic offenses).
The immigration reform latest news lists the second subcategory under Priority 2 as follows: (b) aliens convicted of a “significant misdemeanor,” which for this purpose
is an offense of domestic violence ; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or driving under the influence; or if not an offense listed above, one for which the individual was sentenced to time in custody of 90 days or more (the sentence must involve time to be served in custody, and does not include a suspended sentence). Thus, the Law Offices of Brian D. Lerner states that assuming the particular situation does not fall under subcategory(a), that only a single crime will permit satisfying the requirement of this section under Priority 2.
The immigration reform latest news gives the last element of what makes Priority 2 of enforcement as follows: (d) aliens who, in the judgment of an ICE Field Office Director, USCIS
District Director, or USCIS Service Center Director, have significantly abused the visa or visa waiver programs. Brian Lerner states that this element both gives more room to argue that prosecutorial discretion should be mandated to not deport these people, but on the other side, it does give a significant amount of discretion to the immigration officer to put the person into deportation proceedings.
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