Prosecutorial Discretion Toolkit

CLINIC recently posted a Prosecutorial Discretion Toolkit on its website that contains the government documents, articles, sample letters and motions, practice advisories and other materials to help nonprofit attorneys, accredited representatives and advocates understand DHS prosecutorial discretion enforcement policies and practices.

What is prosecutorial discretion and how can it benefit my client? Over the past year, DHS and Whitehouse statements and memos have announced new immigration enforcement policies and priorities. This effort to implement new enforcement standards through the exercise of prosecutorial discretion includes the review of 300,000 cases at all stages of the removal process. While this review commenced in late 2011, it remains on-going.

The purpose of this Toolkit is to help advocates understand various components of prosecutorial discretion —- who can benefit, what is the process, and what advocates can do to assist clients both before and after the issuance of the Notice to Appear. While the answers to some of these questions are still unclear, the government documents, articles, sample letters and motions, and other materials contained in this Toolkit will help advocates understand DHS prosecutorial discretion enforcement policies and practices.

KJ