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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...

ICE Rarely Uses Prosecutorial Discretion to Close Immigration Cases: TRAC

"The use of prosecutorial discretion (PD) by Immigration and Customs Enforcement (ICE) to close cases in the Immigration Courts continues to be relatively rare -- only 6.7 percent of cases were closed on this basis between October 2012 and March 2014. Overall PD usage has hovered in the six to eight...

Immigration Prosecutorial Discretion and Deportation

Prof. Shoba Sivaprasad Wadhia writes: " Word is out that deportations have peaked during the Obama Administration and the safety valve that remains is prosecutorial discretion. The New York Times has shed light on the human costs of deportation in an editorial supporting administrative solutions...

Law Profs Write to Obama on Prosecutorial Discretion

"As immigration law teachers and scholars, we write to express our position on the scope of executive branch legal authority to issue an immigration directive to protect individuals or groups from deportation. We do not take a formal position on what steps the administration should take. Rather...

Executive Action and Prosecutorial Discretion: A Resource Page

"On June 20, 2014, President Obama stated “I’m beginning a new effort to fix as much of our immigration system as I can on my own, without Congress.” Yet it is still unclear when and what executive actions President Obama will take. Will his immigration legacy ultimately be remembered...

The Congressman Doth Protest Too Much, Methinks: Michael A. Olivas

"Representative Lamar Smith (R-TX) has written a letter to the Houston Chronicle indicating that I have misunderstood his views on the efficacy and legitimacy of Deferred Action and other forms of prosecutorial discretion, in my November 22, 2014 op-ed , also appearing in the Houston Chronicle....

Why Obama’s Executive Action on Immigration Excluded Parents of ‘DREAMers’

"As senior Obama administration officials worked behind the scenes for months this year to develop the legal rationale for deferring the deportation of millions of undocumented immigrants, there was one group they wanted to include that presented particular problems: the parents of “dreamers...

ICE No Longer Honoring Nov. 2014 Prosecutorial Discretion Memo

Matthew Kolken writes: " Immigration lawyer Bryan Johnson has shared that a Deportation Officer at the Varick Street Detention Center in New York advised that Immigration and Customs Enforcement is no longer honoring the November 20, 2014 prosecutorial discretion memorandum due to Judge Hanen's...

Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases

"When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer Leon Wildes made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status pursuant to INS’s (now DHS’s) policy of prosecutorial discretion. In U.S. immigration...

OCIJ OPPM 15-01: Hearing Procedures for Cases Covered by New DHS Priorities and Initiatives

"This Operating Policies and Procedures Memorandum (OPPM) provides background and guidance on hearings for aliens who might be covered by new immigration-related enforcement priorities and initiatives established by the Department of Homeland Security (DHS). ... At the present time, there are...

ICE Memo on Prosecutorial Discretion, Apr. 6, 2014

"The purpose of this memorandum is to provide additional guidance to Office of the Principal Legal Advisor (OPLA) attorneys regarding pending proceedings involving individuals who may fall outside of the revised Department of Homeland Security (DHS) enforcement priorities in light of Secretary Johnson...