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Prosecutorial Discretion

Current Prosecutorial Discretion Memo:

Prosecutorial discretion is the authority exercised by every law enforcement agency to set enforcement priorities and decide to what extent to pursue a particular case based on those priorities. Most recently, on November 20, 2014, the Department of Homeland Security (DHS) issued a memorandum on enforcement priorities and prosecutorial discretion, "Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants" (Priorities Memo). This memo remains in effect despite ongoing litigation against DAPA and expanded DACA.

Prosecutorial Discretion Memo from ICE Director John Morton:

On June 17, 2011, ICE Director John Morton issued two memoranda encouraging the expanded exercise of prosecutorial discretion in all phases of immigration enforcement. Subsequently, on August 18, 2011, DHS announced the establishment of a joint DHS-Department of Justice (DOJ) working group charged with reviewing the approximately 300,000 cases pending before the Executive Office for Immigration Review (EOIR) to identify candidates for administrative closure. Most recently, on November 17, 2011, DHS issued three documents detailing how the agency will implement the review process.

In January 2012, ICE completed two pilot projects of Prosecutorial Discretion review in Denver, CO and Baltimore, MD. This webpage is a one stop repository for all information pertinent to both this pilot program and Prosecutorial Discretion in general. We've recently added a podcast on prosecutorial discretion that is available to the public, so please feel free to share it with any interested parties. There are also two general practice advisories for practitioners as well as targeted ones for Denver and Baltimore. Finally, AILA and AIC are collecting cases involving prosecutorial discretion after November 17, 2011. 

Requesting AILA and the American Immigration Council's Help in Escalating a Prosecutorial Discretion Denial? Please complete this form.

Official Agency Memos & Announcements

AILA Reports and Correspondence

Cite as AILA Doc. No. 11120971.

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