ICE has created a new case review process that applies to those detained and subject to imminent removal/deportation. It remains to be seen if the Agency will actually do any meaningful review of field office decisions. Ideally, this process will expand to non-detained cases where the OPLA office fails to engage in any meaningful discretionary decision making.
On February 18, 2021, ICE's Acting Director, Tae D. Johnson, issued interim guidance in the form of a memorandum to all ICE employees.
The Memo sets up three categories of assumed priority cases: 1) national security; 2) Border Security (caught after 11/1/2020 entering unlawfully or not present before that date in the USA); and, 3) Public Safety (aggravated felons under the INA and street gangs).
It will be interesting to see if prosecutorial discretion will make a come back before OPLA and if ERO will once again issue supervisory orders in the near future.