WHAT IS THE EFFECT OF THE EXPANSION OF IMMIGRATION PROSECUTORIAL DISCRETION?

What is the effect of the expansion of Prosecutorial Discretion Guidelines?

According to the Sacramento Bee, the Obama administration announced last week that it would deport only those “who pose a threat to public safety and national security.” That means Guzman[an undocumented student], 19, and millions of other undocumented immigrants in the United States will no longer be targeted for deportation.  LINK

Almost 68% of Fox News Viewers in a recent poll approved of the recent White House Policy.  LINK.  Interestingly, almost 31% of the people polled call this new policy a ‘Backdoor Amnesty’ by the White House. 

Some discussion does exist about a person who comes within prosecutorial discretion obtaining a work permit.  It is so far unclear if an when such a person could obtain such a permit.  The main effect so far seems to be that some have already had their removal administratively closed.  These are people with no criminal records, family ties in the U.S., potential DREAM Act candidates, etc… 

I do not see this policy as a ‘Backdoor Amnesty.’  People falling in these guidelines will not qualify for legal permanent residency as a result.  The more typical effect seems to be that an eligible person will either not be placed in removal proceedings in the first place or may even have existing removal proceedings administratively closed. 



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