Practice Advisory: Advocating for Prosecutorial Discretion Under the Biden Administration’s Prosecutorial Discretion Guidance

This practice advisory describes the Biden administration’s current prosecutorial discretion policy in the wake of the Supreme Court’s decision in United States v. Texas, 143 S. Ct. 1964 (2023), focusing on the 2021 "Mayorkas Memo" and the 2022 "Doyle Memo," both of which were reinstated following the Supreme Court's June 2023 decision. The practice advisory provides tips for practitioners advocating for prosecutorial discretion on behalf of noncitizens with Immigration and Customs Enforcement (ICE) Office of the Principal Legal Advisor and with ICE Enforcement and Removal Operations.