Saturday, May 27, 2017

Shoba Sivaprasad Wadhia on Prosecutorial Discretion, FOIA


Shoba Sivaprasad Wadhia has two recent entries at the Yale Journal of Regulation's Notice & Comment Blog that are worth highlighting. 

"Prosecutorial Discretion at ICE, My Latest FOIA Adventure" includes Prof. Wadhia's latest Freedom of Information Act request, seeking information and records related to prosecutorial discretion decisions under the Obama Administration, including a link to a data set involving over 40,000 encounters in which ICE considered exercising prosecutorial discretion. 

"Donald Trump's Enforcement Plan and the Future of Discretion" discusses recent developments under the Trump Administration through the lens of prosecutorial discretion. As she notes, despite the continued operation of the DACA program, the federal government's current immigration policies seem to place any person who lacks authorization to be present in the US at risk of enforcement action.  While some form of prosecutorial discretion is likely to remain necessary, Prof. Wadhia explains, "One 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." 


| Permalink


Post a comment