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The broad discretion of federal prosecutors to decide whether to bring criminal charges.
Immigrant-rights protests and advocacy during the Obama years helped create a political environment that elevated the plight of undocumented youth and pressured the administration to act after Congres...
Criminal contempt referrals from Congress are a blunt tool that frequently end as political statements rather than criminal cases: since 2008 the House alone has held ten individuals in criminal conte...
To prevail on a federal selective-prosecution claim a defendant must produce clear, specific evidence showing the prosecution had a discriminatory effect — that similarly situated persons of a differe...
DHS referral policies—formal guidance that ranks enforcement priorities and tells front‑line officers when to refer individuals into immigration court—largely determine who is routed into civil remova...
Federal prosecutors have broad, entrenched discretion to decide whether to bring criminal charges—subject to departmental policy, statutes like the Crime Victims’ Rights Act, and limits against improp...
treats large document dumps not as immediate prosecutable evidence but as raw leads that must be validated through contemporaneous documentation, chain-of-custody controls, and legal processes before ...
The memos established a tiered prioritization for that focused resources on national-security, border-security, and serious public-safety threats while encouraging the exercise of in lower-priority ca...
The Obama administration institutionalized prosecutorial discretion to focus removals on recent border crossers, national-security threats, and convicted serious criminals—reducing interior removals a...
Immigration enforcement is formally a civil administrative system while criminal prosecution is a separate federal process, and that split drives how detention and referrals are handled: ICE uses civi...