Prosecutorial Discretion is Back!

There is major welcome news for many people in removal (deportation) proceedings. One great way Prosecutorial Discretion (PD) in the immigration court context can be used is to administratively close or terminate cases which shouldn’t be a priority for the government to deport. OPLA has just issued a memo clarifying how and when DHS should exercise PD in removal proceedings. This is huge news for persons in removal with a pending I-130, I-601A, Uvisa, Tvisa, self-petition under the violence against women act (VAWA), military service members and their close family, longtime lawful permanent residents (LPRs), people with compelling humanitarian factors, and many more people who may be facing deportation but who are not priorities for deportation under the current administration. This is excellent news that we know will help so many people and families out there.

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