Prosecutorial Discretion

Your deportation case may be eligible for prosecutorial discretion if it is seen as “low priority.” Attorneys at LA Legal Advocates can help to clarify the policy, as well as how it can help you.

What is prosecutorial discretion? 

Prosecutorial discretion comes from a decision in 2011 for Immigration and Customs Enforcement (“ICE”) to cease using resources to deport “low priority” cases. Since that time, prosecutorial discretion requests have been available in order to close certain deportation cases. This does not change your citizenship status or put you on any path towards citizenship. However, it can stop you from having to be deported. 

Prosecutorial discretion eligibility? 

In order to make a decision about prosecutorial discretion, ICE compares positive and negative factors of your case. Positive factors include:

  • Length of residency in the United States
  • Family ties
  • Medical or other humanitarian concerns

These are compared with negative factors of your case. The more negative factors there are, the more “high priority” your case in the eyes of ICE. These include:

  • Serious criminal history
  • Gang affiliation
  • Threats to public safety

When should you ask for prosecutorial discretion? 

You should ask your prosecutorial discretion immigration attorney about requesting prosecutorial discretion if you are in danger of being deported. Part of your attorney’s job is deportation defense, making sure that you stay in the country with your family and your livelihood. If you are eligible, your attorney can request prosecutorial discretion in order to close your case and allow you to stay in the country that has become your home.

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