Immigration lawyers in El Paso, Texas

What is prosecutorial discretion?

It is a temporary suspension of deportation for people whose deportation is considered a low priority. This term became popular after the director of Immigration and Customs Enforcement wrote a circular giving ICE officials rules about ICE’s priorities and when to exercise prosecutorial discretion.

This term gives ICE the authority to decide when and to what degree it will enforce the law against a person. If you are in immigration proceedings and are granted prosecutorial discretion, the case will be downgraded on the list of people ICE wants to deport. When you are granted prosecutorial discretion the government will usually proceed to administratively close the case. Ask for help from Immigration attorney in El Paso, Texas.

What are low priority cases?

If the case is considered low priority it is possible that you may be granted prosecutorial discretion. A long list of factors are taken into account such as:

  1. They are not a danger to national security.
  2. They do not have a history of violent crime.
  3. They have lived in the United States for a long period of time.
  4. They came to the U.S. at a young age.
  5. Are minors or senior citizens.
  6. Have not been deported in the past.
  7. They have spouses who are U.S. citizens or have U.S. children.
  8. Have graduated from high school and are pursuing a college degree in the United States.

Unfortunately, if you or any of your family members are in detention, it is very likely that the case will be listed as a high priority and prosecutorial discretion is unlikely to be granted. Seek help from an immigration attorney in El Paso, Texas.

These are high priority cases

Persons who are considered high priority are:

  1. They pose a danger to national security and are suspected of terrorism.
  2. They have a history of violent crimes or felonies.
  3. They are dangerous convicts, who have committed repeated crimes or have a long criminal record.
  4. Are gang members, human rights violators or other threat to public welfare.
  5. They have previous deportation orders.
  6. Have been previously deported and have re-entered the United States.
  7. Have falsely claimed to be U.S. citizens.

It is very important for you to know: You should not ask for prosecutorial discretion unless you are already in immigration proceedings! People who are not in immigration proceedings and request prosecutorial discretion can be arrested and detained by ICE and removed.

If you need legal advice or have questions about your rights, contact us. We are here to help you with all the experience in law and procedure at Villalobos&Moore, Immigration attorney in El Paso, Texas.