The Department of Justice, (DOJ), has issued a memorandum that lifts the moratorium on federal executions, and instructs federal prosecutors to seek the death penalty in cases involving the murder of a law enforcement official and capital crimes "committed by aliens who are illegally present in the United States." Additionally, the memo orders "federal prosecutors at the Department, including at U.S. Attorney's Offices, shall seek the death penalty- if that is a penalty proscribed by Congress-for the most serious, readily provable offenses, and if doing so is consistent with the relevant statutory considerations and other applicable regulations and Department of Justice guidance."
Importantly, this memorandum has spurred reevaluation of pending cases for the federal death penalty. Attorneys should be advised that multiple legal resources are available to attorneys in federal defender offices and CJA panel attorneys working on death penalty eligible cases and cases being reevaluated for the death penalty, including attorneys available to assist you with your case at the Federal Death Penalty Resource Counsel.