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Beyond DeportationThe Role of Prosecutorial Discretion in Immigration Cases$
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Shoba Wadhia

Print publication date: 2015

Print ISBN-13: 9781479829224

Published to NYU Press Scholarship Online: May 2016

DOI: 10.18574/nyu/9781479829224.001.0001

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(p.54) 4 Deferred Action

(p.54) 4 Deferred Action

Examining the Jewel (or a Precious Form) of Prosecutorial Discretion

(p.54) 4 Deferred Action
Beyond Deportation

Shoba Sivaprasad Wadhia

Leon Wildes

NYU Press

This chapter provides a detailed analysis of “deferred action,” one of the most precious forms of prosecutorial discretion. Once a person is granted deferred action, he or she is eligible to apply for work authorization and remain in the United States in legal limbo. This chapter details how victims of domestic violence, sexual assault, and other crimes have long used deferred action as a tool for protection from deportation. This chapter analyzes thousands of deferred-action cases processed by the immigration agency over a forty-plus-year period. Most of the data examined in this chapter was obtained through the Freedom of Information Act. Finally, given the extent to which deferred action has been applied using specific humanitarian criteria and operated as a benefit to the person who receives it, this chapter considers whether deferred action should be subject to notice and comment rulemaking.

Keywords:   deferred action, victims, Freedom of Information Act, benefit, data

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