A Prosecutorial Discretion Request is a formal request submitted to the U.S. Immigration and Customs Enforcement (ICE) or the U.S. Department of Homeland Security (DHS) by an individual facing removal proceedings, seeking discretionary relief from deportation. Within this framework,DHS holds the discretion to decide the extent and manner in which it exercises its enforcement powers. This encompasses crucial decisions such as whom to stop, arrest, detain, initiate proceedings against, grant deferred action, parole, or a stay of removal,stipulate to issues, moveto dismiss a removal proceeding and pursue an appeal. These decisions fall under the purview of prosecutorial discretion, squarely within the authority of DHS.
A Prosecutorial Discretion Request asks the immigration authorities to exercise prosecutorial discretion and prioritize other enforcement actions over the individual's removal. In certain scenarios, particularly when alternative options for staying in the U.S. are limited, seeking prosecutorial discretion may prove to be themost viable strategy to prevent removal. It is important to note that there is no standardized form for making a prosecutorial discretion request; each request is unique to the client's circumstances.
A Prosecutorial Discretion Request asks the immigration authorities to exercise prosecutorial discretion and prioritize other enforcement actions over the individual's removal. In certain scenarios, particularly when alternative options for staying in the U.S. are limited, seeking prosecutorial discretion may prove to be themost viable strategy to prevent removal. It is important to note that there is no standardized form for making a prosecutorial discretion request; each request is unique to the client's circumstances.
Requirements for a Prosecutorial Discretion Request:
- Ongoing removal proceedings: The individual must be actively involved in removal proceedings before an immigration court or have received a Notice to Appear (NTA)initiating the removal process.
- Compelling circumstances: The individual must demonstrate compelling circumstances that warrant prosecutorial discretion. These circumstances can include family ties, long-term residence in the United States, community contributions, medical conditions, or other humanitarian factors.
- Positive equities: The individual should highlight positive equities, such as good moral character, education, employment history, community involvement, military service, or rehabilitation efforts. These factors help build a favorable case for prosecutorial discretion.
- Absence of negative factors: It is important to show the absence of negative factors that could weigh against granting prosecutorial discretion. These factors may include serious criminal convictions, national security concerns, or prior immigration violations.
- Comprehensive documentation: The request should include a detailed personal statement explaining the individual's situation, highlighting compelling circumstances, positive equities, and any factors that support the request for prosecutorial discretion. Supporting documentation such as affidavits, letters of support, medical records, or proof of community involvement should be included.
- Timely submission: The request should be submitted as soon as possible after the initiation of removal proceedings or upon receipt ofa Notice to Appear. Timeliness is crucial to maximize the chances of the request being considered and acted upon by the immigration authorities.
- Discretionary decision: The decision to grant or deny a Prosecutorial Discretion Request lies solely with the immigration authorities. They assess the individual's circumstances, the merits of the case, and their enforcement priorities in determining whether to exercise prosecutorial discretion.
- Case monitoring: Once the request is submitted, it is important to stay in contact with the immigration authorities and monitor the progress of the case. It is advisable to follow up with the assigned ICE or DHS officer and provide any additional requested documentation or information promptly.
The approval of a Prosecutorial Discretion Request is not guaranteed, and the immigration authorities have broad discretion in evaluating each case. Seeking professional legal advice is crucial to understanding the specific requirements, preparing a strong request, and increasing the likelihood of a favorable outcome.