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Prosecutorial Discretion (PD)

What is pd in Immigration?

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A prosecutorial discretion (PD) is the power or authority Immigration and Customs Enforcement (ICE) has in regard to deciding the outcome of an immigration case. PD means that ICE can decide what degree to enforce the law against you during your immigration case.

Using Resources for Higher-Priority Immigration Violators

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 and/or put on hold. The hold could last for several years or indefinitely.

What Can PD Mean For Me?

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. 

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We are ready to guide you through prosecutorial discretion. 

Commonly Asked Questions

Who are considered higher-priority immigration violators?

Higher-priority immigration violators typically include individuals who pose a threat to national security, public safety, or border security. This includes those with serious criminal histories, recent border crossers, and individuals who have engaged in immigration fraud or pose a risk to public safety. Immigration authorities focus their resources on these cases, while lower-priority cases, such as those without criminal records, may be deferred.

What are the benefits of being granted prosecutorial discretion?

Being granted prosecutorial discretion can offer significant benefits, such as deferring deportation or removal proceedings, which effectively 'buys' time for the individual. This additional time can be crucial for seeking other immigration relief options, adjusting status, or resolving any issues that may impact one's ability to remain in the United States. It can also provide a sense of stability and peace of mind for individuals and their families during this period.

What does prosecutorial discretion mean in immigration?

Prosecutorial discretion in immigration refers to the authority that Immigration and Customs Enforcement (ICE) holds to determine how to enforce the law against an individual during their immigration process. This means ICE can decide to defer or put on hold the enforcement actions against lower-priority immigration violators, such as those without a criminal history. This discretion can provide individuals with additional time to seek other forms of relief from removal or to adjust their immigration status.