Prosecutorial Discretion

The government representatives have authority to exercise prosecutorial discretion on whether to initiate or continue removal proceedings.

Some factors which the government considers in determining whether to exercise prosecutorial discretion include:

Positive factors

  • Veteran or member of the armed forces
  • Long-term LPR
  • Minor or elderly
  • Presence in U.S. since childhood
  • Pregnant or nursing woman
  • Victim of domestic violence, trafficking or other serious crimes
  • Serious health condition or serious mental or physical disability

Negative factors

  • Clear risk to national security
  • Serious felon, repeat offender or lengthy criminal record
  • Gang member or clear danger to public safety
  • Illegal re-entry or immigration fraud and other egregious immigration violations