Prosecutorial Discretion (PD) is the authority of immigration enforcement agencies (primarily ICE and DHS attorneys) to decide whether—and how—to enforce the law in a particular case. This can mean:
-
Delaying or canceling deportation proceedings.
-
Declining to detain or remove someone.
-
Choosing to prioritize other cases instead.
PD has become a vital form of relief for many immigrants who may not qualify for formal status but have compelling reasons to remain in the U.S.
âś… Who May Qualify for PD?
While PD is discretionary, it’s typically offered to individuals who:
-
Have longstanding ties to the U.S. (family, work, education).
-
Lack a serious criminal record.
-
Have U.S. citizen or permanent resident relatives.
-
Are caregivers, victims of crime, or face hardship if removed.
-
Have filed or plan to file for immigration relief.
The DHS evaluates each case based on humanitarian, equitable, and public safety factors.
đź“„ What Forms Can PD Take?
-
Administrative Closure: Temporarily removes your case from the court docket.
-
Stay of Removal: Prevents deportation for a set period.
-
Deferral of Enforcement: ICE agrees not to pursue removal.
-
Declining to Issue or Pursue an NTA (Notice to Appear).
PD does not grant legal status, but it can stop removal and buy valuable time.
đź“ť How to Request Prosecutorial Discretion
There is no formal application form. Instead, a well-prepared PD request includes:
-
A cover letter outlining the request and legal basis.
-
Supporting evidence: Family ties, community involvement, medical records, etc.
-
Proof of low enforcement priority.
-
If in court proceedings, the request is submitted to OPLA (Office of the Principal Legal Advisor).
Having an immigration attorney draft and submit the request increases the chance of success.
🧩 PD and Immigration Court
If you’re already in removal proceedings, PD could result in:
-
Dismissal of your case.
-
Administrative closure, pending visa eligibility or other relief.
-
More time to adjust status or pursue humanitarian options.
đźš« Limits and Risks
-
PD is not a guaranteed right—it is granted case-by-case.
-
If denied, your removal case may continue.
-
Changing policies (e.g., between administrations) can affect PD availability.
đź“ž At Borderless Lawyers, we assess your full profile to determine your eligibility for Prosecutorial Discretion and guide you through the process to stop or delay removal. Let us help secure your future in the U.S.