Friday, April 25, 2014

ICE Rarely Uses Prosecutorial Discretion to Close Immigration Cases

The Obama administration issued a number of directives on the exercise of prosecutorial discretion in immigration removal cases.  TRAC data shows that yhe use of prosecutorial discretion (PD) by Immigration and Customs Enforcement (ICE) to close cases in the Immigration Courts continues to be relatively rare -- only 6.7 percent of cases were closed on this basis between October 2012 and March 2014. Overall PD usage has hovered in the six to eight percent range for months, though its use varies widely by location. As of March 31, 2014, Immigration Courts with ICE PD closures in the three to four percent range included those in San Antonio, New York City, Las Vegas and Newark. The Houston, Buffalo and El Paso courts saw even lower levels: less than three percent. On the other hand, the PD closure rate for the Tucson and Seattle courts has been about 30 percent during the past 18 months.

For the complete list documenting the use of PD in each Immigration Court and hearing location, updated with the latest court data through March 2014, see TRAC's Prosecutorial Discretion tool.

For ICE PD usage in earlier years, see the TRAC report.

KJ 

http://lawprofessors.typepad.com/immigration/2014/04/ice-rarely-uses-prosecutorial-discretion-to-close-immigration-cases.html

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