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Prosecutorial Discretion and Executive Action: A Resource Page

More than two years into the Obama Administration, it is still unclear whether President Obama’s immigration agenda will ultimately be remembered as an enforcement-driven enterprise, or one that uses the full force of executive branch authority to improve our badly broken system. The following resources discuss how the Administration can and should use executive authority and prosecutorial discretion to prioritize DHS's enforcement efforts on removing persons who are most dangerous to the country.

Deferred Action for DREAMers:

Basic Facts on Prosecutorial Discretion:

Previous Memos on Prosecutorial Discretion:

  • Read an ICE Memo outlining when and how ICE officials should use prosecutorial discretion during immigration cases (June 17, 2011)
  • Read another ICE Memo guiding ICE officials on prosecutorial discretion in cases of victims of crimes, witnesses to crime and individuals pursuing legitimate civil rights complaints (June 17, 2011)

DHS Review of Immigration Cases:

Legal Experts Weigh In:

Consequences of Eliminating Discretion:

Additional Background:

  • Read about DHS's recent announcement to put existing guidelines in place across the agency to ensure that its enforcement priorities are focused on high priority immigration cases  (August 18, 2011)
  • Listen to immigration experts discuss the prosecutorial discretion guidelines:

Relevant Other Blog Posts:

Published On: Tue, Apr 19, 2011