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April 24, 2014

Prosecutorial discretion rarely used in immigration cases

U.S. Immigration and Customs Enforcement rarely makes use of prosecutorial discretion to close immigration cases, the Transactional Records Access Clearinghouse said Thursday). ICE invoked prosecutorial discretion in only 6.7 percent of cases between October 2012 and March 2014, according to TRAC's analysis of official statistics. A June 2011 policy directive instructed ICE agents to concentrate enforcement efforts on undocumented immigrants who have criminal records or otherwise pose a threat to national security or public safety, while using prosecutorial discretion, or PD, to close cases involving other categories of migrants. "Overall PD usage has hovered in the 6 to 8 percent range for months, though its use varies widely by location," TRAC, which is based at Syracuse University, said in its report.

Transactional Records Access Clearinghouse, Syracuse University
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