This Friday, June 25, Immigration and Customs Enforcement (ICE) announced that it will reinstate the “Prosecutorial Discretion” mechanism, which gives ICE immigration prosecutors the power to terminate deportation proceedings. The announced measure is in contrast to the zero tolerance policy implemented by the Trump Administration, which had eliminated it.
This announcement is of utmost importance, because it will allow the interested person to close their cases that have derived or resulted in a deportation order because it was not well supported by lack of evidence or proof, such as for example: an asylum case poorly worked by people with little experience; so it would provide the opportunity to enter into other processes that would allow to achieve their stay on U.S. soil, such as for example: A Family Petition; but for this, it is necessary that the interested person:
- Has been in the U.S. for a certain period of time.
- That he/she does not have a serious criminal record.
- That they are not a priority to be deported by Immigration.
- Present good moral character.
Among other requirements….
Which would give them the opportunity to be free without having any deportation order against them. Although it is important to be clear that the measure does not provide legal status.