Immigration Law

Recent Posts

A Former U.S. Attorney Speaks on 'Zero Tolerance'
Posted on 22 Jun 2018 by Daniel M. Kowalski

Barbara McQuade, June 22, 2018 - "Prosecutors accept the fact that they must decline to prosecute some cases so that they can devote resources to more important cases instead. But with zero tolerance for illegal entry misdemeanors, many other crimes... Read More

Prosecutorial Discretion in Immigration Agencies: A Year in Review
Posted on 12 Jan 2012 by LexisNexis Immigration Law Community Staff

By Shoba Sivaprasad Wadhia Memos on their proposed use of "prosecutorial discretion" by Immigration and Customs Enforcement and other immigration agencies that were issued in 2011 caused critics to accuse the Obama administration of trying... Read More

Reflections on Prosecutorial Discretion in Immigration Context 1 Year After the Morton Memo
Posted on 21 Jun 2012 by LexisNexis Immigration Law Community Staff

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... Read More

Cyrus D. Mehta: Prosecutorial Discretion and the "Criminal Alien"
Posted on 10 Oct 2011 by Daniel M. Kowalski

"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... Read More

16% of Denver immigration court cases to be offered prosecutorial discretion
Posted on 20 Jan 2012 by Daniel M. Kowalski

DENVER — "A review ordered by the Obama administration of virtually all 7,900 deportation cases before the immigration court here has identified about 1,300 foreigners — 16 percent — who pose no security risk and will be allowed... Read More

Prosecutorial Discretion Victory in New York
Posted on 9 May 2012 by Daniel M. Kowalski

"An Ecuadorian woman facing deportation won a legal victory Sunday under guidelines from President Obama's administration that give immigrants some leeway. But Sara Martínez, a 47-year-old domestic worker, won the battle only after... Read More

Reflections on Prosecutorial Discretion One Year After the Morton Memo
Posted on 18 Jun 2012 by Daniel M. Kowalski

" 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... Read More

Prosecutorial review puts immigration cases in holding pattern, infuses a sense of hope
Posted on 21 Dec 2011 by Daniel M. Kowalski

"Until recently, Lizeth Amateco had never heard the term "prosecutorial discretion." Now, her future depends on it." - Denver Post, Dec. 21, 2011 . Read More

On Mother's Day: Random Acts of ICE Cruelty, Kindness in L.A.
Posted on 12 May 2012 by Daniel M. Kowalski

Why did ICE grant prosecutorial discretion to one mother, but not another? Will we ever know? Read More

Why Obama’s Executive Action on Immigration Excluded Parents of ‘DREAMers’
Posted on 1 Dec 2014 by Daniel M. Kowalski

"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... Read More

The Failure of Prosecutorial Discretion and the Deportation of Oscar Martinez
Posted on 15 Feb 2013 by Daniel M. Kowalski

"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... Read More

Immigrants cautious as possible reprieves loom
Posted on 26 Nov 2011 by Daniel M. Kowalski

"Immigrant groups want the government to more consistently stay the cases of people who have not committed a crime. But federal officials warned that they cannot rush the decision of whether to grant a stay or deport someone. Each case is decided... Read More

Prosecutorial Discretion: Success, Failure...Or Too Soon To Tell?
Posted on 8 Jun 2012 by Daniel M. Kowalski

Statistics are emerging on the ICE prosecutorial discretion initiative. For those attorneys, clients and families who have benefited , the news is good. But critics say the process is too slow, lacks teeth and is inconsistent. Here are links to AILA's... Read More

Napolitano calls for immigration 'reality check'
Posted on 5 Oct 2011 by Daniel M. Kowalski

"Homeland Security Secretary Janet Napolitano have called for a “reality check” of the country’s debate over immigration enforcement. Napolitano, speaking at American University on Wednesday, defended the Obama administration’s... Read More

ICE Closes Dozens of Deportation Cases in Arizona
Posted on 19 Jul 2013 by Daniel M. Kowalski

"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... Read More