MEMORANDUM TO ALL FEDERAL PROSECUTORS|
FROM: THE ATTORNEY GENERAL
SUBJECT: DEPORTATION OF CRIMINAL ALIENS
This Administration is committed to effecting the deportation of
criminal aliens from the United States as expeditiously as possible. You
can make a major contribution to this effort by effectively using available
prosecutive tools for dealing with alien defendants.
This memorandum provides Federal prosecutors with a general overview
and policy guidance with respect to: (1) using stipulated administrative
deportation orders in connection with plea agreements; (2) providing for
deportation as a condition of supervised release under 18 U.S.C. §
3583(d); and (3) seeking judicial deportation orders pursuant to the
recently enacted judicial deportation statute, 8 U.S.C. § 1252a(d).
All deportable criminal aliens should be deported unless
extraordinary circumstances exist. Accordingly, absent such circumstances,
Federal prosecutors should seek the deportation of deportable alien
defendants in whatever manner is deemed most appropriate in a particular
case. Exceptions to this policy must have the written approval of the
United States Attorney or a designated supervisory Assistant U.S. Attorney.
In cases handled exclusively by one of the Department's litigating
divisions, an exception to the policy must have the written approval of the
appropriate Assistant Attorney General or Deputy Assistant Attorney
[cited in USAM 9-73.500]