Prosecutorial Discretion
The Obama Administration recently enacted a policy whereby immigration officials will have authority to exercise prosecutorial discretion to help certain qualified individuals. In determining whether an exercise of prosecutorial discretion is appropriate, officials will look at several factors as described below. Some of these factors will weigh more than other factors but no one factor is determinative. Each case will be examined on a case by case basis.
If prosecutorial discretion is granted, ICE will effectively administratively close your removal or deportation case. Although prosecutorial discretion does not provide "lawful" status, individuals are allowed to remain in the United States with their family members. Further, you may be eligible to receive employment authorization.
In addition to prosecutorial discretion, you may have other forms of relief available in deportation or removal proceedings, so please do not forget to check out our Deportation Defense page.
If you are looking for affordable immigration attorneys to examine your prosecutorial discretion eligibility call us today at 405.600.9910. Free consultation available.
Factors for Prosecutorial Discretion
- the agency's civil immigration enforcement priorities;
- the person's length of presence in the United States, with particular consideration given to presence while in lawful status
- the circumstances of the person's arrival in the United States and the manner of his or her entry,particularly if the alien came to the United States as a young child;
- the person's pursuit of education in the United States, with particular consideration given to those who have graduated from a U.S. high school or have successfully pursued or are pursuing a college or advanced degrees at a legitimate institution of higher education in the United States;
- whether the person, or the person's immediate relative,has served in the U.S. military, reserves, or national guard, with particular consideration given to those who served in combat;
- the person's criminal history, including arrests, prior convictions, or outstanding arrest warrants;
- the person's immigration history, including any prior removal, outstanding order of removal, prior denial of status, or evidence of fraud;
- whether the person poses a national security or public safety concern;
- the person's ties and contributions to the community, including family relationships;
- the person's ties to the home country and condition~ in the country;
- the person's age, with particular consideration given to minors and the elderly;
- whether the person has a U.S. citizen or permanent resident spouse, child, or parent (including including same-sex partners);
- whether the person is the primary caretaker of a person with a mental or physical disability, minor, or seriously ill relative;
- whether the person or the person's spouse is pregnant or nursing;
- whether the person or the person's spouse suffers from severe mental or physical illness;
- whether the person's nationality renders removal unlikely;
- Whether the person is likely to be granted temporary or permanent status or other relief from removal, including as a relative of a U.S. citizen or permanent resident;
- whether the person is likely to be granted temporary or permanent status or other relief from removal, including as an asylum seeker, or a victim of domestic violence, human trafficking, or other crime; and
- whether the person is currently cooperating or has cooperated with federal, state or local law enforcement authorities, such as ICE, the U.S Attorneys or Department of Justice, the Department of Labor, or National Labor Relations Board, among others.
Certain Positive Factors will Prompt Particular Care and Consideration
- veterans and members of the U.S. armed forces;
- long-time lawful permanent residents;
- minors and elderly individuals;
- individuals present in the United States since childhood;
- pregnant or nursing women;
- victims of domestic violence; trafficking, or other serious crimes;
- individuals who suffer from a serious mental or physical disability; and
- individuals with serious health conditions.