What is Prosecutorial Discretion in Immigration Case Dismissal?

Prosecutorial discretion in immigration case dismissal refers to the authority of U.S. Immigration and Customs Enforcement (ICE) to decide whether to pursue or dismiss deportation proceedings. It may prioritize cases based on factors like humanitarian concerns, criminal history, family ties, or length of time in the U.S. When discretion is exercised, cases may be closed or deferred, allowing the person to remain in the U.S. without being deported, although it does not grant legal status. Because of the growing backlog in immigration court, ICE may focus its resources on higher-priority cases.

A deportation and removal defense lawyer at Bassey International Law Center defends our clients facing deportation proceedings, protects their right to remain in the United States, and advocates on their behalf to ensure that their case is handled in the best possible way. If you have any questions or concerns, please schedule a consultation today.

What is Prosecutorial Discretion?

As per ICE, prosecutorial discretion is “the authority of an agency charged with enforcing a law to decide whether to enforce, or not to enforce, the law against someone.”

ICE Priorities for Immigration Enforcement

ICE prioritizes the removal of the following undocumented immigrants:

• Those posing a danger to national security or public safety
• People who recently entered the U.S. illegally
• Fugitives or those otherwise obstructing immigration controls
• Anyone convicted of a felony or associated with gang activity
• People previously deported

If you do not fall into one of these categories, your case may prove eligible for prosecutorial discretion in dismissing your case.

Factors Influencing ICE’s Decision

ICE may decide to permit prosecutorial discretion for those considered low priority, which may include the following:

• Long-term residence in the U.S.
• Close ties to the community
• Family ties in the U.S.
• Medical conditions for which treatment is unavailable in the home country
• Circumstances of arrival in the U.S., especially young children
• You are the primary caretaker of someone with a serious physical or mental health issue.

Humanitarian considerations, such as being a victim of domestic violence or trafficking, may also contribute to a case being classified as low priority, thereby making deportation less likely.

What to Include in the Letter to ICE

Your attorney can assist you in preparing the letter to ICE requesting prosecutorial discretion. For example, if you have children who are U.S. citizens, it is imperative to include their birth certificates. In addition, if you have any other family members who are U.S. citizens or have legal permanent resident status, supply that information.

Provide documentation if you or anyone in your family served in the U.S. military. Also, include information regarding formal education you received in the U.S. If ICE agrees to prosecutorial discretion in your case, it will send you a written letter, which could take several weeks to a few months.

Schedule a Consultation with a Deportation Lawyer

At Bassey Immigration Law Center, our talented immigration law team is here to help. We represent individuals and families who need assistance with deportation and removal cases in Florida, throughout the United States, and all over the world.

Schedule a consultation with an experienced deportation lawyer at Bassey Immigration Law Center to determine whether you can request prosecutorial discretion. Our team can also advise you whether other applications, such as for asylum or cancellation of removal, are better options.