One of the long-standing critiques of immigration enforcement is that it is carried out without regard to strategic decision making or balancing prosecutorial priorities. Budget constraints have forced the government to deal with the problem with existing resources.
In basic terms, prosecutorial discretion is the power or authority the agency responsible for determining your case has in regards to deciding the outcome of their case. Prosecutorial discretion means that they can decide what degree to enforce the law against you in your immigration case.
One response has been the promulgation of guidelines for immigration trial attorneys (who represent USCIS) to make a more deliberate effort to use their resources on higher-priority immigration violators, rather than taking a universal approach to enforcement. Thus, lower-priority immigration violators, for example those who do not have a criminal history, will have their deportation deferred/put on hold. The hold could last for several years or indefinitely.
Being granted prosecutorial discretion in effect “buys” the alien time until other forms of relief from removal become available. If you or a loved one needs to seek prosecutorial discretion to help prevent a removal or deportation, turn to Arnaout Immigration Law Firm.
You can set up a consultation by calling our firm at (818) 276-9900.