Results

Part 1 of this 2-part advisory provides updates on DHS’s prosecutorial discretion in removal proceedings and explores the various factors that advocates should consider when deciding whether to seek a favorable exercise of discretion from the ICE Office of the Principal Legal Advisor (OPLA). Part 1 also highlights new regulations and discusses how the upcoming presidential election may impact prosecutorial discretion.

Part 2 of this 2-part advisory explores some of the unexpected consequences of PD policies adopted by the ICE Office of the Principal Legal Advisor (OPLA) that can prejudice noncitizens in removal proceedings, including the practice of moving to dismiss proceedings over respondents’ objections and failing to appear at hearings.

Over the past few years, Texas has led the nation in cruel attempts to criminalize and punish immigrants and noncitizens. The infamous Texas state deportation law, SB 4, is an integral part of the dangerous and unconstitutional Operation Lone Star and is one of the most controversial and extreme pieces of legislation that targets immigrants and noncitizens in the United States. In 2024, state legislatures across the country have proposed bills that further expand the already vast and punishing criminal-legal system by requiring local law enforcement to carry out federal immigration enforcement and creating new crimes that punish the act of crossing into a state without legal status. Unless stopped, Texas SB 4 and its ilk could herald a regressive wave of anti-immigrant state legislation that will endanger noncitizens and U.S. citizens across the country–to a greater extent than occurred in 2010 after the passage of Arizona’s infamous racial profiling law, SB 1070. This report looks at the copycat policies being put forth across the country.