IT'S NOT EXACTLY DREAM ACT. THE PROVISIONS ARE CORNERSTONE OF WHAT DREAM ACT WAS - DAVID H. NACHMAN, ESQ.

“About a year ago, John Morton, who is in charge of the Immigration and Customs Enforcement (ICE) Division of the Department of Homeland Security, passed through what was called the Prosecutorial Discretion Memorandum. It listed out some of the initiatives that ICE was hoping to take. One of those initiatives was specifically with regard to individuals who were, what we call ‘Dreamers’ or kids who were brought to the United States when they were young, who knew no other country other than the US, who have gone to school and who don’t have criminal records. What the memorandum did is it gave the government the ability to exercise what is called ‘prosecutorial discretion’ and to close their cases and not remove them from the United States, depending on what part of the process they were in, immigration wise. Let’s say, if they were in a removal proceeding, the trial attorney was given discretion to be able to close the case. If they were not in a removal proceeding, the legal counsel could, if they wanted to, try to make out an affirmative action for application based upon prosecutorial discretion.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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