LexisNexis® Legal Newsroom
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...

Deferred Action in Immigration Law: The Next Generation

"Breaking with its tradition of silence and informality, early signs show that DHS will keep open channels of communication with stakeholders about how the deferred action program for certain young people will operate. DHS has only 60 days to implement the new program, and for this reason will use...

My Great FOIA Adventure and Discoveries of Deferred Action Cases at ICE

"This Article describes my adventures in FOIA litigation and analyzes deferred action data collected informally by 24 ICE field offices between October 1, 2011, and June 30, 2012. This Article also offers recommendations for the agency on data collection, recordkeeping, and transparency in deferred...

FOIA Request Reveals Internal Documents on DACA

Prof. Shoba Sivaprasad Wadhia writes: "In Fall 2012 I filed a Freedom of Information Act (FOIA) Request with DHS seeking records pertaining to the agency's implementation of the Deferred Action for Childhood Arrivals (DACA) Program, among other items. DHS provided me with a formal response on...

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...

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...

FOIA: Internal Documents by USCIS on Deferred Action (non-DACA)

"To: Interested Parties From: Shoba Sivaprasad Wadhia Date: July 29, 2013 Re: Internal Documents by USCIS on Deferred Action (non-DACA) Earlier this year, I filed a Freedom of Information Act (FOIA) Request with USCIS seeking internal documents and guidance pertaining to deferred action...

New Report Calls for Improvements to DHS Notice to Appear Procedure

"“To File or Not to File,” a report released today by the Center for Immigrants’ Rights at Penn State Law highlights the rate and circumstances surrounding Notice to Appear (NTA) filings at the immigration court. The report is available to the public online. The Notice...

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...

The Rise of Speed Deportation and the Role of Discretion

"In 2013, the majority of people deported never saw a courtroom or immigration judge, and instead were quickly removed by the Department of Homeland Security. The policy goals of speed deportation are economic because government resources like a trial attorney, immigration judge and a fundamentally...

The Case for Removing the Three and Ten-Year Bars - Shoba Sivaprasad Wadhia

" This paper examines the background and consequences of the unlawful presence bars, and explores possible policy changes that would mitigate their harmful impact on noncitizens and their families." - Shoba Sivaprasad Wadhia

Legal Scholars: DAPA Could Be Broader

"We write as law professors with particular expertise in the interaction of executive action and immigration law to clarify that there is no legal requirement that the executive branch limit deferred action or any other exercise of prosecutorial discretion to individuals whose dependents are lawfully...

The Rise of Speed Deportation and the Role of Discretion - Shoba Sivaprasad Wadhia

"In 2013, the majority of people deported never saw a courtroom or immigration judge. Instead, they were quickly removed by the Department of Homeland Security via one of several procedures collectively referred to as “speed deportation.” The policy goals of speed deportation are economic;...

Felons, Families and Prosecutorial Discretion - Shoba Sivaprasad Wadhia

"O n November 20, 2014, President Obama announced a series of executive actions on immigration aimed at reducing deportations for people who present positive equities such as a close family relationship or long term residence in the US. In announcing these actions, the President used the phrase...

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...