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In 2011, the head of ICE issued a memo that stated priorities for deportation included criminals, recent border crossers, and those who disregarded previous deportation orders or "obstruct" immigration controls by reentering the country after deportation or obtaining benefits through fraud. According to the guidance, ICE trial attorneys can administratively close cases that do not represent those priorities.
As of December, Immigration and Customs Enforcement has dismissed 4.8 percent of pending deportation cases through prosecutorial discretion, according to public records compiled by the Transactional Records Access Clearinghouse.
Phoenix's rate is slightly lower than the national average at 4 percent of cases closed.
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