Prosecutorial Discretion

In June 2011, U.S. Immigration and Customs Enforcement (“ICE”) announced it would not use its resources to deport people it considered “low priority” and would review existing deportation cases to determine which cases could be closed.  Since its announcement, ICE has been using its “prosecutorial discretion” power to decide which cases to pursue for deportation and to stop some deportation cases.

Prosecutorial discretion will not change your immigration status.  If you are an undocumented person in the United States who is not in removal proceedings, you should not contact ICE to request prosecutorial discretion without first talking to an experienced immigration attorney.  You should not turn yourself in to immigration authorities or risk deportation in order to ask for prosecutorial discretion.  Do not share any information with ICE that you do not want the government to know.   In addition to refusing to exercise prosecutorial discretion, ICE might also try to remove you.

Before requesting prosecutorial discretion, it is important you understand the risks associated with that application.

To schedule a confidential consultation, please contact us at (305) 373-5385 or via e-mail.  We are available for in-person, telephonic, or video consultations.