Cyrus D. Mehta: Prosecutorial Discretion and the "Criminal Alien"

Cyrus D. Mehta: Prosecutorial Discretion and the "Criminal Alien"

"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.