Improving Prosecutorial Discretion in the Immigration System
This chapter provides recommendations for improving prosecutorial discretion in the immigration system. While DHS has dutifully published “priorities” guidance describing the people who should be targeted for enforcement action by the agency, these documents fail to define priorities in a way that captures the whole person. This chapter encourages the agency to look at the whole person when making prosecutorial discretion decisions and to exercise this discretion early in the enforcement process. This chapter also asks DHS to adopt a policy specific to the use and role of Notices to Appear (NTA) and to improve the notification and review process for individuals considered for prosecutorial discretion. This chapter makes specific recommendations for reform of the deferred action program and advocates that DHS publish deferred action as a regulation subject to notice and comment rulemaking. Finally, this chapter summarizes the deferred action programs announced by President Obama in November 2014.
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