LexisNexis® Legal Newsroom
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...

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...

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...