Prosecutorial Discretion Request: Questions and Answers

Under U.S. immigration law, Prosecutorial Discretion (PD) refers to the power that U.S. immigration agencies (ICE, as well as U.S. Citizenship and Immigration Services or USCIS, and Customs and Border Protection (CBP)) to decide where to focus its resources and whether or how to enforce the law against an individual. In practice, PD allows DHS attorneys to decide which cases to focus on and how they want to proceed in individual cases, such as agreeing to remove a case from the immigration court docket through dismissal or administrative closure, or agreeing to stipulations on issues such as relief, bond, or continuances. PD is authority, exercised by the Office of the Principal Legal Advisor, on a case-by-case basis, and does not create a right or entitlement for any noncitizen.