Is Prosecutorial Discretion an Option to Avoid Deportation for Me?

The Immigration and Nationality Act (INA) sets forth the laws that Immigration and Customs Enforcement (ICE) agents are to follow in their enforcement actions. However, due to a lack of resources, ICE agents must make decisions about whom to arrest and detain. This is called prosecutorial discretion. Although prosecutorial discretion can be helpful and even prevent deportation in some cases, it is not always the best option to pursue, simply because there are no guarantees that it will actually help an immigrant avoid deportation, particularly under the Trump administration. The exercise of prosecutorial discretion is not always straightforward, and may vary from case to case. For instance, historically, ICE has focused on arresting and detaining criminals and other immigrants who pose a threat to public safety or national security. Under the new administration thus far, there appears to be no distinction made between “high-priority” and “low-priority” individuals. Although time will tell, prosecutorial discretion does not appear to have much of a role in this administration, although when questioned, representatives from ICE field offices refused to admit that there has been a formal moratorium placed on prosecutorial discretion. Immigration attorneys tell a different story; they indicate that temporarily postponing deportation proceedings based on prosecutorial discretion is no longer a legal option. An executive order signed by Trump appears to form the basis for this major shift in policy. At Landerholm Immigration, A.P.C., we care about you and your family, and want to help you preserve your home in the United States. However, if you have committed a crime that makes you potentially deportable, you need legal representation right away. We focus our law practice solely on deportation defense cases, which allows us to expend all of our efforts in standing up for the rights of those who are facing potential deportation, including those who are seeking relief based on prosecutorial discretion. Our California deportation defense lawyers know how to gather persuasive evidence to support your case and we know all of the procedural ins and outs of the U.S. deportation system. Allow us to handle your deportation case by contacting us today to schedule your legal consultation.