Financial District, New York
28 Liberty Street, 6th Floor
New York, NY 10005
(212) 461-7152

The Immigration Lawyers at Berd & Klauss, PLCC Explain Prosecutorial Discretion August 4, 2015

Financial District, Manhattan
The Immigration Lawyers at Berd & Klauss, PLCC Explain Prosecutorial Discretion, Manhattan, New York

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. 

Other Announcements, Events and Deals from Berd & Klauss, PLLC
Why Visitors to the U.S. Should Avoid Marijuana Dispensaries, Manhattan, New York
Marijuana dispensaries operate legally in several U.S. states, which may lead international visitors to assume they can safely visit these establishments. Unfortunately, due to parti...read more
4 Common Reasons for Rejected Visa Applications, Manhattan, New York
Many people hoping to travel to the United States for work, school, or vacation find themselves confused by the visa process, especially when their application is denied. US imm...read more
4 FAQs About Street Encounters with Police, Manhattan, New York
Many undocumented immigrants don’t fully understand their constitutional rights and worry that any interaction with the police will lead to deportation. Fortunately, this is not alwa...read more
4 Questions to Ask Before Hiring an Immigration Attorney, Manhattan, New York
The U.S. immigration system is notoriously complex, with confusing requirements and guidelines that seem to change constantly. Whether you’re applying for a visa or hoping to become ...read more
4 FAQ About Expiring Green Cards , Manhattan, New York
Individuals with a permanent resident alien status are allowed to stay in the United States indefinitely, but the identifying documents issued by USCIS do expire. Fortunately, an exp...read more