Immigration Article of the Day: Immigration Enforcement and the Future of Discretion by Shoba Sivaprasad Wadhia

Immigration Enforcement and the Future of Discretion by Shoba Sivaprasad Wadhia, 23 Roger Williams Univ. L. Rev. 353 (2018)

Abstract

This article is based on a paper delivered at the 2017 Roger Williams University Law Review Symposium: Bans, Borders and New Americans: Immigration Law in the Trump Administration.  Her is part of the conclusion:

“The future of discretion in immigration is uncertain. Despite major changes to enforcement, guidance from [the Department of Homeland Security] suggests that individual prosecutorial discretion may be exercised on a case-bycase basis. Even without this guidance, prosecutorial discretion is in many ways inevitable—the government simply lacks the resources to carry out enforcement against every person who may be removable from the United States. However, the way prosecutorial discretion is exercised matters. One concern is that the administration will ignore its own policies such as individual prosecutorial discretion and avoiding enforcement at sensitive locations. Another concern is that instead of using priorities to guide enforcement, DHS will arbitrarily enforce the law against individuals and families who happen to be in the wrong place at the wrong time or other low-hanging fruit. Haphazard enforcement can lead to unintended or unlawful consequences, such as the separation of families and enforcement against abuses of discretion.”

KJ