Monday, June 7, 2021

Prosecutorial Discretion in the Biden Administration

As reported on the ImmigrationProf blog (here and here), former USF Law dean John Trasvina, now Principal Legal Adviser for Immigration and Customs Enforcement (ICE), has issued a directive encouraging thoughtful use of prosecutorial discretion by U.S. trial attorneys in immigration removal cases.  Shoba Sivaprasad Wadhia in the Yale Journal on Regulation Notice and Comment reviews the changes and observes:

"Overall, I am heartened by the expansion of attention to the humanitarian reasons to exercise discretion and the comprehensiveness of the [prosecutorial discretion] memo, as it identifies the many stages of enforcement at which . . . attorneys may use discretion, ranging from the choice to bring charges in the first place, through a decision to appeal. As with every guidance document, the devil will be in the details of how it is implemented. I am hopeful the new guidance results in a robust and inclusive policy for exercises of prosecutorial discretion consistent with law, policy, and humanity".

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