Has Prosecutorial Discretion Ended in Immigration Cases?

In immigration law, prosecutorial discretion has always played a major role. At its core, it’s the authority immigration officers and attorneys have to decide how to handle a case. This discretion can be used in many ways — for example, deciding whether to place someone in removal proceedings, whether to close or pause a case, or whether to grant certain benefits when the law allows room for flexibility.

Are the days of prosecutorial discretion over?

For years, prosecutorial discretion provided hope to individuals with strong ties to the United States, such as those with U.S. citizen children, long-term residence, or humanitarian circumstances. Even if someone did not have a clear legal pathway, discretion sometimes meant their case could be deprioritized or placed on hold, allowing them to remain with their families and communities.

Changes in Policy

Because immigration law is tied so closely to executive policy, the use of prosecutorial discretion can expand or shrink depending on who is in office. While some administrations have encouraged immigration officials to consider family ties, length of residence, and humanitarian concerns before pursuing removal, others have issued policies that restrict or discourage discretion.

In recent years, executive actions have significantly limited the ability of immigration officers and attorneys to use prosecutorial discretion. Instead of considering individual circumstances, many cases are now being treated with a “no exceptions” approach, where nearly everyone encountered by immigration enforcement is placed in proceedings. This shift has had the practical effect of ending prosecutorial discretion in most cases, even though the concept still technically exists in the law.

What This Means for Immigrants

For immigrants and their families, these changes have real consequences:

• Fewer opportunities to request that a case be closed or paused.

• More aggressive enforcement, even against people with strong ties to the U.S. and no criminal history.

• Increased uncertainty for families who may have once benefitted from more flexible policies.

  
  

Moving Forward

Even though prosecutorial discretion has been curtailed, there are still legal options available. Every case is different, and it is more important than ever to work with an experienced immigration attorney who can identify possible forms of relief, prepare strong applications, and advocate effectively in court.

At Omole Law Firm, we understand how these policy changes impact real people and their families. We are committed to guiding our clients through the challenges of today’s immigration system with skill, compassion, and dedicated advocacy.