By Shoba Sivaprasad Wadhia | 64 Am. U. L. Rev. 1285


This Article describes the historical role of prosecutorial discretion in immigration law and connects this history to select executive actions announced by President Obama on November 20, 2014.  “Prosecutorial discretion” in immigration law refers to the decision the Department of Homeland Security (DHS)  makes about whether to enforce the immigration law against a person or a group of persons.   When an immigration officer from DHS chooses not to bring legally valid charges against a person because of the person’s family ties in the United States or other equities, prosecutorial discretion is being exercised favorably. 

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