"Even a so called “criminal alien” can in some cases be deserving of prosecutorial discretion. Actually, the definition of “criminal alien” is rather amorphous,
and could include one who has either been convicted of a crime or one
who has been charged with a crime. Under the Administration’s Secure
Communities program, information about a non-citizen charged with a
crime and who is fingerprinted, is provided to the DHS, which can then
start removal proceedings against this person even if there is no
ultimate conviction or the resulting conviction is based on a very minor offense, such as disorderly conduct."
Cyrus D. Mehta, Oct. 7, 2011.