In today’s uncertain immigration situation, it’s important to understand what your ICE (Immigration and Customs Enforcement) appointment means. This guide will give you useful information on what to expect during your prosecutorial discretion appointments or supervised visits and how to navigate the immigration system.
What Is Prosecutorial Discretion?
ICE has chosen to pause actively pursuing your removal from the United States if you have been granted prosecutorial discretion (PD), a decision influenced by various factors such as the priorities of the current presidential administration or compelling circumstances in your life. Prosecutorial discretion appointments serve as a means for ICE to monitor certain individuals without initiating deportation proceedings against them.
Understanding PD Appointments
One common condition of a PD grant is the requirement for routine check-ins or supervised visits at an ICE office. These appointments can range from monthly to as infrequent as once per year. During these meetings, an ICE official will review your case, address any new developments, such as arrests or requests for immigration relief, and determine future check-ins or deportation proceedings.
The Importance of Attending PD Appointments
It is paramount to attend your prosecutorial discretion appointments. Not doing so can result in severe consequences, including authorities considering you a fugitive and targeting you for immigration enforcement. While ICE typically avoids making arrests at “protected locations” like churches, schools, and hospitals, it’s crucial to consult with an experienced immigration attorney to assess your specific situation and potential risks.
Key Aspects of Prosecutorial Discretion in Nigeria
Authority and Control
- Constitutional Basis: The Attorney-General holds significant power to institute criminal proceedings and has the discretion to choose which cases to prosecute. This authority is recognized by various court decisions, including the Supreme Court ruling in Abacha v. State, which affirmed that the Attorney-General has absolute discretion over prosecutions.
- Fiat Requirement: While private individuals can lay complaints before a court, they typically require a fiat or authorization from the attorney general to prosecute those complaints. This means that without such permission, private prosecutions cannot proceed legally.
Judicial Review and Accountability
- There is ongoing discourse about the need for judicial review of the prosecutorial powers held by the Attorney-General. Critics argue that this review is essential to prevent potential abuses of power and ensure accountability, particularly in politically sensitive cases. The lack of judicial oversight has raised concerns about executive excesses and possible corruption within the prosecutorial system.
Public Prosecution Framework
- Directorate of Public Prosecutions (DPP): In states like Lagos, the DPP operates under the Attorney-General’s office, executing public prosecutions. The DPP has a structured role in advising on legal matters, instituting prosecutions, and handling appeals. The establishment of such bodies aims to streamline prosecutorial functions and enhance access to justice.
Recent Developments
- Recent discussions have highlighted calls for reforming the prosecutorial powers of the Attorney-General to separate political from legal functions. Proposals include transferring some powers to independent prosecutors to mitigate conflicts of interest and enhance fairness in prosecutions.
Preparing for Your PD Appointment
When attending your PD appointment, thorough preparation is key. Here are some essential steps to take:
Legal Counsel
Consult with an experienced immigration attorney who can guide you through the process and assess the risks of not attending your check-in. Your attorney can also explore potential options for relief from deportation and assist in reopening your immigration court case if necessary.
Documentation
Bring evidence demonstrating that you have maintained a law-abiding status since your last appointment. This can significantly strengthen your case for continuing PD. Additionally, consider traveling with a supportive group of individuals, as community support can be influential in your plea to remain in the United States.
Preparing for the Worst-Case Scenario
It’s essential to prepare for the possibility of detention or deportation. Your attorney can guide how to navigate such situations based on the circumstances of your case.
PD in Immigration Court
The grant of PD in immigration court indicates that the judge and ICE have agreed to administratively close, dismiss, or postpone your deportation case. However, if ICE signals its intent to reopen your case during your PD appointment, immediately seek legal counsel to explore your options, such as cancellation of removal or asylum.
Final Order of Removal
In cases where a final order of removal has been issued, you can be deported at any time if the government decides to terminate PD. In such situations:
Child Custody and Family Preparedness
Arrange for the care and custody of any minor children residing in the United States. Inform trusted friends or family members about important details in your life before attending your PD appointment.
Be Prepared
Consider packing a bag or creating a list of essential items you would like family members to pack. Acquire an international calling card and explore potential accommodations in your country of origin.
Expedited Removal
The Trump administration expanded the scope of expedited removal to include certain categories of immigrants. If you fall into one of these categories and have been granted PD, it’s crucial to seek legal advice and follow the family preparedness recommendations outlined above.
In conclusion, attending your PD appointments is essential to avoid becoming a fugitive and facing potential deportation. Seek legal counsel, gather documentation, and prepare for the worst-case scenario to safeguard your future in the United States. While the immigration landscape may be complex, being informed and taking proactive steps can make a significant difference in your case.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your prosecutorial discretion appointments straightforward and successful. Whether you’re seeking to request prosecutorial discretion or need assistance with your T Visa application, we handle every step—from evaluating your eligibility to preparing your documents and representing you during the appointment.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients with Prosecutorial Discretion Appointments. Call us today at +234 812 5505 986 to learn how we can assist you.
