What is Prosecutorial Discretion in Immigration Court?

Homeland Security has the power to decide whether or not to do something about a person or group of people. It’s sometimes possible for other U.S. immigration agencies as well to stop working on a deportation case, too. This is called Prosecutorial Discretion. 

Because the U.S. has limited resources, it uses Prosecutorial Discretion with care and discretion. Some undocumented noncitizens can be ignored in favor of going after others that are thought to be a bigger threat to the country. This way, the immigration institutions can close less important cases and spend their time and money on more important ones. 

The following is a non-exhaustive list of reasons that may render you as less of a threat, and more likely to have your case closed with Prosecutorial Discretion: 

  • You are of old age. 
  • You have lived in the U.S. for a long time 
  • You have a mental condition that could have played a role in past criminal behavior, or you have a physical or mental condition that needs to be cared for or treated. 
  • You have been the victim of a crime in the U.S., or you have been a witness or victim in active legal proceedings. 
  • You have family in the U.S. that you care for or help, especially U.S. citizens. 
  • You, or a close family member, are in the military or another public service. 
  • It’s been a long time since your crime, or you have rehabilitated. 

Getting Prosecutorial Discretion in immigration court could mean that you won’t be deported, and your immigration court case will be closed at least for a short time, so it’s a good thing. In addition, if you are an undocumented person, we also advise you not to contact any immigration office without consulting an immigration lawyer first. 

At the J. Molina Law Firm, you can meet with an immigration lawyer who has a lot of experience in immigration court and deportation defense. To get in touch with us, call us at (469) 708-5800, or make an appointment right here. Call now!