Practice Advisories

LAC Practice Advisories provide in depth discussion and analysis of select substantive and procedural issues in immigration law. The Practice Advisories are intended to assist lawyers and do not substitute for individual legal advice supplied by a lawyer familiar with a client's case.

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Prosecutorial Discretion Requests Under the Johnson Enforcement Priorities Memorandum

This Practice Advisory, co-authored by the American Immigration Council and AILA, provides a close reading of Secretary Johnson’s November 20, 2014 memorandum on Policies for the Apprehension, Detention and Removal of Undocumented Immigrants. It briefly discusses DHS’s new three-tiered enforcement prioritization scheme, the various exceptions to the enumerated priorities, use of detention, and steps the agency is taking to implement the new policies. This Practice Advisory has been updated to include information about guidance issued on April 6, 2015 to immigration judges and attorneys with ICE’s Office of the Principal Legal Advisor regarding implementation of Secretary Johnson’s memorandum.

Published On: Tuesday, May 5, 2015 | Download File
Inspection and Entry at a Port of Entry: When is there an Admission?

This practice advisory discusses entries in three common situations: where a noncitizen is “waved” through a port of entry with no questions asked; where entry is gained by fraud or misrepresentation; and where there is a false claim to U.S. citizenship. With respect to each situation, the practice advisory explores whether an “admission” has occurred, the individual’s immigration status upon entry, and the immigration consequences of the action. It also discusses the impact of these three types of entries on a DACA application.

Published On: Sunday, March 29, 2015 | Download File
Preventing the Removal of Individuals Who Are Not Enforcement Priorities

This Practice Advisory, written in collaboration with the National Immigration Project of the National Lawyers Guild and updated after a federal judge in the Southern District of Texas temporarily blocked the implementation of the DAPA and Expanded DACA initiatives, offers strategies to prevent the removal of individuals who are not enforcement priorities, including those who are eligible for DAPA or Expanded DACA.

Published On: Thursday, March 19, 2015 | Download File
Prosecutorial Discretion: How to Advocate for Your Client

This Practice Advisory, updated following the issuance of Secretary Johnson’s November 20, 2014 memorandum on Policies for the Apprehension, Detention and Removal of Undocumented Immigrants, explains what prosecutorial discretion is, who has authority to exercise it, and how it is exercised most often in immigration cases. It also suggests ways that attorneys can influence the favorable exercise of prosecutorial discretion by ICE, CBP and USCIS officers.

Published On: Wednesday, March 18, 2015 | Download File
The Child Status Protection Act

This practice advisory provides an overview of the CSPA, its effective date, and its interpretation and implementation by USCIS, the U.S. Department of State, the Board of Immigration Appeals, and the courts.

Published On: Thursday, February 5, 2015 | Download File