OPLA No Longer Must Adhere by Mayorkas Memo on Prosecutorial Discretion
On June 10, 2022 the US District Court for the Southern District of Texas issued an order vacating the September 30, 2021 Mayorkas memo. This memo gave the government the discretion to grant prosecutorial discretion when certain factors were present in a case.
Under this ruling, ICE has stated their website will be updated to state that government attorneys no longer must adhere to the Mayorkas memo. However, according to ICE government attorneys may use their own discretion when deciding whether to grant prosecutorial discretion in a case.