Prosecutorial Discretion Has Failed: Citizen Orange

"Responding to ICE's release of data on prosecutorial discretion as of May 29, 2012, American Immigration Lawyers Association president Eleanor Pelta categorically stated ""The prosecutorial discretion initiative has failed."" - Citizen Orange, June 8, 2012 .

A Failure of Discretion

"Delays in background checks are at the root of the inaction, but the problem goes beyond that. Immigration advocates in the South are trying to stop the deportation of dozens of people who spoke out against abuses like dangerous working conditions, unlawful arrests, unpaid wages, racial...

Lack of Progress in Prosecutorial Discretion Initiative Criticized

"A ccording to an analysis from Syracuse University 's Transactional Records Access Clearinghouse, the new guidelines resulted in fewer than 1 percent of the country's backlog of 300,000 immigration cases being closed at the end of March. In San Antonio, the percentage is even lower. “I...

Reflections on Prosecutorial Discretion One Year After the Morton Memo

" Shoba Sivaprasad Wadhia reflects on the implementation of the famous (or infamous) immigration-agency memos on using "prosecutorial discretion" in favor of various types of noncitizens who could be removed from the United States. Were the people who said the memos went too far...

NIJC Sues DHS re FOIA, Prosecutorial Discretion

June 18, 2012: "Heartland Alliance’s National Immigrant Justice Center (NIJC) today sued the Departments of Homeland Security (DHS) and Justice to demand the release of documents that would reveal the breakdown of the implementation of the Obama administration’s failed prosecutorial...

ICE Prosecutorial Discretion by Location: TRAC Report, June 19, 2012

TRAC, June 19, 2012 : "As of May 31, 2012 a total of 4,585 cases were closed under a special Immigration and Customs Enforcement (ICE) program announced last August. Under this program, the number of cases closed due to prosecutorial discretion (PD) was up from 2,609 as of the end of March, but...

Reflections on Prosecutorial Discretion in Immigration Context 1 Year After the Morton Memo

By Shoba Sivaprasad Wadhia In this Analysis, Shoba Sivaprasad Wadhia, the founder/director of Penn State's Center for Immigrants' Rights, reflects on the implementation of the famous (or infamous) immigration-agency memos on using "prosecutorial discretion" in favor of various types...

ICE Numbers on Prosecutorial Discretion Keep Sliding Downward

"Since June 15, the immigration world has largely focused on the impending “deferred action” initiative for individuals who could have qualified for relief under the DREAM Act. Meanwhile, comparatively little attention has been paid to the still ongoing review of more than 300,000 pending...

Free Webinar Thurs. Aug. 2nd: ICE Prosecutorial Discretion, Immigration Court Filings and Closure

TRAC, Aug. 1, 2012 : "A free webinar is scheduled for Thursday, August 2 at 2:00pm (Eastern US time) to present and discuss how the exercise of prosecutorial discretion by Immigration and Customs Enforcement (ICE) has impacted the filing and closing of cases in the Immigration Courts. The webinar...

Sam Bernsen on Prosecutorial Discretion (1976)

Legal Opinion from INS General Counsel Sam Bernsen to the INS Commissioner, July 15, 1976 . [From a FOIA request filed by Stephen W. Yale-Loehr .]

Undocumented Life: A Year In, Only a Handful of Immigrants Benefit From 'Prosecutorial Discretion'

"Immigrant advocates called the prosecutorial discretion announcement a victory, and it gave immigrants like Pineda hope. But, one year later, only 132 deportations cases in Chicago immigration court have been closed, according to the database maintained by Syracuse University’s Transactional...

ICE on Prosecutorial Discretion for Same-Sex Partners

"Pursuant to the Secretary's instruction, this new guidance serves to clarify how the existing memoranda related to prosecutorial discretion apply to family relationships involving long-term, same-sex partners." - ICE, October 5, 2012 .

Slower Pace for New Closures In ICE Prosecutorial Discretion Program

"September 2012 Immigration Court figures show a slowing in the pace of new closures under ICE's Prosecutorial Discretion (PD) program. There were only 1,093 new PD closures during September, the second straight month that PD closures have declined. PD closures now total 9,616 cases since the...

CRS on Prosecutorial Discretion in Immigration Enforcement: Legal Issues

"Regardless of whether it is characterized as “prosecutorial discretion” or “enforcement discretion,” immigration officers are generally seen as having wide latitude in determining when, how, and even whether to pursue apparent violations of the INA. This latitude is similar...

The Failure of Prosecutorial Discretion and the Deportation of Oscar Martinez

"This Article is an account of my failed efforts to stop the forced deportation of Oscar Martinez and the lessons I learned from that experience. My representation of Mr. Martinez centered on navigating the administrative process of requesting prosecutorial discretion from Department of Homeland...

Prosecutorial Discretion Victory in North Carolina

"A deportation case that started Jan. 11, 2012, was supposed to end in the departure of Flavio Ramos Cruz from the U.S. on Wednesday. But some striking turns of events over the year helped him remain in Lexington, the place he has called home since 2004. Among those events are President Barack Obama’s...

Prosecutorial Indiscretion: How the Prosecutorial Discretion Policy Failed to Keep its Promise

"After years of partisan gridlock on immigration reform, President Obama and Congress-on both sides of the aisle--look poised to pass an immigration reform bill in the coming year. In recent months, the White House has also unrolled administrative policies that begin to mitigate the damage of our...

FOIA Release: The Relationship Between Prosecutorial Discretion and NTAs

Prof. Shoba Sivaprasad Wadhia writes: "As an outcome of research for a future report by Penn State Dickinson School of Law’s Center for Immigrants’ Rights and the American Bar Association’s Commission on Immigration on the relationship between prosecutorial discretion and Notices...

ICE Closes Dozens of Deportation Cases in Arizona

"Carlos and Sandra Figueroa have been in deportation proceedings since 2009 when Maricopa County Sheriff’s deputies arrested them in an immigration sweep at a local car wash in Phoenix. But this week, the family got unexpected news: U.S Immigration and Customs Enforcement (ICE) closed their...

The Immigration Prosecutor and the Judge: Examining the Role of the Judiciary in Prosecutorial Discretion Decisions

"Legal scholars and judges have long examined the role of judicial review in immigration matters, and also criticized the impacts of the “plenary power” doctrine and statutory deletions of judicial review for certain immigration cases. Absent from this scholarship is a serious examination...

'Prosecutorial Discretion' a False Promise for Many

"Obama’s promise to rein in the deportation of people without serious criminal records largely has been a failure, according to immigration attorneys and advocates. In June 2011, the Obama administration announced new ground rules for applying “prosecutorial discretion,” or PD...

U.S. immigration enforcement’s ‘prosecutorial discretion’ history dates to John Lennon

Former Beatle John Lennon gave music many memorable songs. But he also played a role in U.S. immigration policy. In 1975, Lennon’s lawyer Leon Wildes fought to keep Lennon from being deported over a conviction for possession of cannabis resin in Britain. The suit under the Freedom of Information...

Nina Rabin on Prosecutorial Discretion

"This article examines the Obama Administration’s effort to encourage the use of prosecutorial discretion by Immigration and Customs Enforcement (ICE), the executive agency in charge of the enforcement of immigration laws. Since 2010, the Obama Administration has repeatedly stated that agency...

Policing the Immigration Police: ICE Prosecutorial Discretion and the Fourth Amendment

"A persistent puzzle in immigration law is how the removal adjudication system should respond to the increasing prevalence of violations of noncitizens’ constitutional rights by arresting officers. Scholarship in this area has focused on judicial suppression of unconstitutionally obtained...

TRAC Updates Prosecutorial Discretion Stats

"During the first quarter of FY 2014, seven percent of all Immigration Court cases were closed due to the exercise of prosecutorial discretion (PD), according to the latest case-by-case records (through December 2013) obtained and analyzed by the Transactional Records Access Clearinghouse (TRAC...