Outdated—pending revision.

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 General.

[cited in JM 9-73.500]