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Prosecutorial Discretion

Seeking Intervention from DHS in Your Deportation Case

In removal/deportation cases, the federal agency Department of Homeland Security (DHS) may choose to support the closing of a deportation case or the reopening of a case for the purposes of providing an immigrant with relief from removal or deportation. This is referred to as "prosecutorial discretion." It may seem puzzling that DHS would want to help a foreign national who is in the country illegally or who is deportable. One major reason that DHS chooses to take such action is the basic fact that there is not enough government funding to handle every single deportation case and the agency wants to focus its resources on more serious offenders, such as illegal immigrants who actually pose a serious threat to national security.

There are no clear-cut rules when it comes to deciding which cases should receive prosecutorial discretion. As stated in its name, prosecutorial discretion is left up to the full discretion, or judgment, of DHS. While the likelihood of prosecutorial discretion being granted varies on a case-by-case basis, individuals who may have a better chance of receiving such action when they are immigrants who are:

  • Minors or elderly individuals
  • Individuals who are seriously ill
  • Individuals with serious disabilities (physical or mental)
  • Victims of crimes such as human trafficking or domestic violence
  • Women who are pregnant or nursing
  • Members or veterans of the U.S. Armed Forces
  • Long-time permanent residents of the United States

Furthermore, there are also foreign nationals who may be seen as less likely to receive prosecutorial discretion, such as those who have serious crimes on their records. There are certain programs that can be considered a form of prosecutorial discretion, such as the Deferred Action for Childhood Arrivals (DACA) program. This program provides temporary deportation relief to certain immigrants who were brought into the U.S. as children.

Secure counsel from a skilled Virginia immigration lawyer!

If you are at risk of being deported from the U.S., it may be beneficial to your case to seek prosecutorial discretion. There are, however, some cases where it may do you more harm than good to seek out this type of action. When you bring your deportation/removal case to Fayad Law, P.C., one of our Virginia immigration lawyers can help you determine how likely you are to receive prosecutorial discretion and whether or not you should pursue this option.

Our legal team has an in-depth understanding of how the U.S. immigration system works, so we can provide you with sound legal guidance. Our attorneys draw from more than 20 years of collective experience. Contact our firm so we can provide you with the assistance you need!

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