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Guidelines issued by Homeland Security in November 2014 set priorities and encouraged use of prosecutorial discretion. But orders by Trump and then-Secretary of Homeland Security John Kelly have cause the gears to shift again.
As a practical matter, prosecutorial discretion is necessary because Immigration judges are already overwhelmed by the growing backlog of active cases—reaching 667,839 by the end of December, according to Syracuse University’s Transactional Records Access Clearinghouse.
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