What is immigration prosecutorial discretion?

Under U.S. immigration law, prosecutorial discretion (PD) refers to the power that U.S. immigration agencies (ICE, as well as U.S. Citizenship and Immigration Services or USCIS, and Customs and Border Protection (CBP)) have to discontinue working on a deportation case.

What is exercise of prosecutorial discretion?

“Prosecutorial discretion” is the authority of an agency or officer to decide what charges to bring and how to pursue each case. A law-enforcement officer who declines to pursue a case against a person has favorably exercised prosecutorial discretion.

What is PD in asylum?

A prosecutorial discretion (PD) is the power or authority Immigration and Customs Enforcement (ICE) has in regard to deciding the outcome of an immigration case. PD means that ICE can decide what degree to enforce the law against you during your immigration case.

What is the history of DACA?

Establishment of DACA It was announced by President Barack Obama on June 15, 2012 and the U.S. Citizenship and Immigration Services (USCIS), an agency of the Department of Homeland Security, began accepting DACA applications in August 2012.

Is DACA prosecutorial discretion?

DACA is an exercise of prosecutorial discretion and deferred action may be terminated at any time, with or without a Notice of Intent to Terminate, at DHS’s discretion.

What is the most important form of prosecutorial discretion?

The most important form of prosecutorial discretion lies in the power to charge, or not to charge, a person with an offense. Any information having a tendency to clear a person of guilt or blame.

What are some examples of prosecutorial discretion?

For example, if the facts and evidence indicate that killing was actually in self-defense (which can be a close call in some cases), the prosecutor may reduce the charges from murder to manslaughter, or even drop the charges entirely.

Do prosecutors hold too much power?

Prosecutorial power is vast and unrestrained, and the mechanisms that purport to hold prosecutors accountable are weak and often totally ineffective. In addition, the most important prosecutorial decisions are made behind closed doors – away from public scrutiny and thus immune from public accountability.

When was DACA terminated?

JUNE 22, 2020 On June 18, 2020, the U.S. Supreme Court issued a 5-4 decision finding that the Trump administration’s termination of Deferred Action for Childhood Arrivals (DACA) was (1) judicially reviewable and (2) done in an arbitrary and capricious manner, in violation of the Administrative Procedure Act (APA).

Is DACA a federal law?

DACA was created on June 15, 2012, by then-Secretary of Homeland Security Janet Napolitano. Unlike federal legislation, DACA does not provide permanent legal status to individuals and must be renewed every two years.

What are the three areas of prosecutorial discretion?

Prosecutors exercise the most discretion in three areas of decision making: the decision to file charges, the decision to dismiss charges, and plea bargaining.