Prosecutorial Discretion

Prosecutorial discretion in U.S. immigration law refers to the authority granted to immigration enforcement agencies, such as U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP), as well as prosecuting agencies, such as the Department of Justice (DOJ), to make decisions about the enforcement and prosecution of immigration cases. This discretion allows officials to prioritize certain cases for enforcement or prosecution while deprioritizing or administratively closing others.

Prosecutorial discretion may be exercised to grant deferred action, which temporarily suspends immigration enforcement actions against an individual. Deferred action does not provide lawful status but allows individuals to remain in the United States and may be accompanied by work authorization in certain cases.  Even Immigration courts may administratively close cases, effectively placing them on hold, in cases where pursuing removal proceedings is not deemed a priority. Administrative closure allows individuals to remain in the United States without an active removal order.

Prosecutorial discretion is subject to change based on shifting enforcement priorities and policies at the federal and/or congressional level. Contact our office to see how we can assist you in avoiding deportation by filing requests for prosecutorial discretion. Through strategic advocacy and persuasive arguments, we assist in fashioning an innovative and compelling case to immigration authorities, highlighting factors such as strong family ties, community contributions, lack of criminal history, and other humanitarian considerations.