Prosecutorial Discretion in Immigration Law

In the context of immigration, prosecutorial discretion involves decisions about who should face enforcement actions such as detention, deportation, or other legal consequences. It covers decisions from issuing a Notice to Appear (NTA) to reopening previously closed cases or moving to dismiss a pending case in removal proceedings.

Who Exercises Prosecutorial Discretion?

The authority to exercise prosecutorial discretion lies with officers from ICE, the U.S. Citizenship and Immigration Services (USCIS), and Customs and Border Protection (CBP). Decisions are initially made by field officers and can be escalated to higher levels within DHS.

Specific Functions of ICE in Prosecutorial Discretion

ICE focuses on enforcement and removal operations targeting individuals deemed threats to national security, border control violators, and those involved in criminal activities like document fraud or money laundering.

Prosecutorial Discretion and Legal Proceedings

The exercise of prosecutorial discretion impacts legal outcomes significantly, affecting decisions like:

• Plea bargaining
• Charging, and
• Dropping of charges.

Factors Influencing Prosecutorial Discretion Decisions

Various factors, including age, length of stay in the U.S., cooperation with law enforcement, and eligibility for immigration relief, are considered in prosecutorial discretion determinations.

Factors Against Getting Prosecutorial Discretion in Immigration Court

Past criminal records, threats to public safety, and immigration violations can negatively impact the chances of receiving prosecutorial discretion in immigration court

Supporting Documents for Prosecutorial Discretion Cases

When seeking favorable prosecutorial discretion, supporting documents can be crucial. These may include:

• Birth certificates
• Affidavits of good moral character
• tters of support from community members, and
• Evidence of community service.

How to Respond if You're Affected by Prosecutorial Discretion

If you believe prosecutorial discretion may affect your case, it's advisable to consult with an immigration lawyer. They can help assess your situation, guide you through the process, and ensure your rights are protected.

Contact Our Experienced Immigration Attorney

At Najib Hakimi Law PLLC, we can offer expert legal assistance, evaluate your situation, and guide you through prosecutorial discretion process. As an immigrant attorney, we have worked with non-citizens, with or without status, who were facing the possibility of removal, and we can help you determine whether you qualify for and should pursue prosecutorial discretion. Contact us today by filling out the online form or calling (+1)360-390-3936 to schedule a consultation.