Transparency in Prosecutorial Discretion and Why It Matters
This chapter considers the degree to which the immigration agency (and DHS in particular) has publicized information about its prosecutorial discretion programs. This chapter reveals the author’s quest for data and policy documents on prosecutorial discretion through Freedom of Information Act (FOIA) requests to ICE, CBP, and USCIS and sheds light on the lack of transparency and efficiency that has pervaded these agencies for years. For example, outside the DACA program, USCIS has not created any form or instructions for the public on how to make a request for deferred action. This chapter explains that transparency in prosecutorial discretion matters because it improves the possibility that justice will be served for people in the United States whose roots are in this country. Transparency also promotes other administrative law values like consistency and acceptability to the public.
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