Like any law enforcement agency, U.S. Immigrant and Customs Enforcement (ICE) lacks the resources to fully prosecute every violation to the fullest. New York City immigration attorneys Berd & Klauss, PLCC offer this explanation of prosecutorial discretion, the process through which ICE decides how they will enforce the law in a particular case.

Prosecutorial discretion allows some ICE personnel, including agents, attorneys, supervisors, and senior staff members to exercise their own judgment on a variety of matters, including whether to dismiss a case, execute a removal order, dismissing a proceeding, among many others. Some personnel are empowered to expedite some cases, while issuing stays on orders of removal for others.

Many factors influence whether a person may benefit the discretion granted to ICE personnel. Those who have served in the U.S. armed forces or have resided for an extended period in the United States with no criminal record may possess an advantage, but many other factors may influence the agency’s decision to prosecute. Others include an individual’s likelihood of achieving temporary alien status and even the person’s age. ICE advises its personnel to evaluate each situation on a case-by-case basis and make their decisions based on a variety of factors.

ICE agents typically attempt to determine whether prosecutorial discretion is appropriate in each case as early as possible, so it is important to retain an experienced immigration lawyer as soon as possible. To find out more about discretion, or for any other legal services, call Berd & Klauss, PLCC at (212) 461-7152 for a free consultation.