THE OKLAHOMA BAR JOURNAL 12 | OCTOBER 2025 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. the categories prioritized for removal under current DHS guidelines Considerations for Oklahoma Practitioners Timeliness. Requests for prosecutorial discretion should be made as early as possible in the proceedings. However, in the Dallas Immigration Court, it is common not to receive a response until a court date is near. Documentation. Provide thorough documentation to support the request, evidence of relief filed with USCIS, affidavits, letters of support, medical records and any other relevant evidence. Coordination with DHS counsel. Engage in professional dialogue with the DHS attorney assigned to the case to discuss the possibility of exercising discretion. CONFIDENTIALITY AND ATTORNEY-CLIENT PRIVILEGE Effective representation depends not only on legal knowledge but also on ensuring that clients trust you with sensitive information. When working with non-English- speaking clients, particularly those with limited familiarity with the U.S. legal system, maintaining confidentiality requires extra care. Attorney-Client Privilege Under ORPC Rule 1.6 All communications between attorney and client are privileged. Under the Oklahoma Rules of Professional Conduct (ORPC) Rule 1.6, attorneys must safeguard any information relating to the representation of a client and may not reveal such information without informed consent. Use of Qualified Interpreters Only engage interpreters or translators who: Are impartial (no conflicts of interest) Are proficient in both English and the client’s language, including any specific dialect or indigenous language Understand legal terminology sufficiently to avoid inadvertent disclosure or distortion of privileged information Are not family members or friends, as this may lead to bias or breaches of confidentiality Supervision of Nonlawyers (ORPC Rule 5.3) Attorneys must supervise nonlawyer translators and interpreters to ensure they understand and commit to preserving client confidentiality. This may include: Having the interpreter sign a confidentiality acknowledgment Briefing the interpreter on privilege obligations before any substantive discussion Considering asking your client to sign a release when working with interpreters and translators Document Translation and Storage When translating documents (e.g., affidavits, country-conditions reports, etc.), translators must include a certificate of translation. Keep all translated and original documents in secure, access-restricted folders (paper or electronic). Client Reassurance Explain confidentiality protections in plain language, ensuring the client understands that what they tell you remains private unless they authorize disclosure and that even when using an interpreter, the interpreter is ethically bound to maintain confidentiality. This reassurance helps build trust and encourages clients to share complete, candid information necessary for strong advocacy. PRACTICAL TIPS FOR PRACTITIONERS REPRESENTING OKLAHOMA RESIDENTS Stay Informed Keep up to date with EOIR announcements and changes in immigration law that may affect your client’s case. 2025 UPDATE: DHS ENFORCEMENT PRIORITIES – PROSECUTORIAL DISCRETION UNAVAILABLE Following 2025 changes rescinding prior DHS/EOIR prosecutorial discretion guidance and tightening enforcement, OPLA is no longer entertaining requests for prosecutorial discretion (e.g., dismissals, administrative closures or continuances). Practitioners should proceed on the assumption that prosecutorial discretion will not be granted.
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