The Priorities For Removal/Federal Prosecution Has Significantly Changed Under The Trump Administration.
On April 11, 2017, Attorney General Jeff Sessions announced that federal prosecutors are now required to consider for federal prosecution in federal court all of offenses listed below. In other words, prior to this announcement, broad discretion existed to handle these matters by Immigration and Customs Enforcement (ICE) and Custom and Border Patrol (CBP) officers and the immigration court, where appropriate. Under this announcement, individuals may be turned over to the Federal Marshals for prosecution in federal court.
These are the top priorities for federal prosecution:
- Individuals who transport or harbor aliens (Alien Smugglers, including those people that “helped” unaccompanied minors enter the United States);
- Individuals who unlawfully entered the country or attempt to enter the country a second time and certain aggravating circumstances are present. Many individuals without status wish to leave the United States and return illegally. This is not recommended, ever, and especially if you have ever previously been apprehended at the U.S. border. Under this administration, you will not likely be caught and returned to your country, but rather taken into custody, held in jail without bail and prosecuted;
- Individuals that illegally re-enter the country after a prior removal order—and a priority is given to such offenses, especially where indicators of gang affiliation, a risk to public safety or any criminal history (even minor criminal history) are present;
- Federal Prosecutors are directed to charge criminal aliens with document fraud and aggravated identity theft — the latter carrying a two-year mandatory minimum sentence; and
- Assault on a federal law enforcement officer.
Contact me to prepare a FOIA request (Freedom of Information Act) to obtain a copy of your entire immigration record from every immigration agency, including Customs and Border Patrol, USCIS, EOIR (Immigration Court), and OBIM, as well as obtaining a copy of your criminal record via a FBI record request. Only then, can an individual be sure of his/her immigration and criminal record. This information is critical and important to understand prior to apply for any immigration benefit.