Prosecutorial discretion (PD) is one of the most powerful and misunderstood tools in US immigration law. When used correctly, it can pause deportation, close immigration court cases, cancel removal orders, and protect families from separation.
At The Messersmith Law Firm, we help immigrants and their families request and obtain prosecutorial discretion from ICE, DHS, and immigration courts.
What Is Prosecutorial Discretion in Immigration?
Prosecutorial discretion refers to the authority of immigration agencies primarily ICE, DHS, and the Office of the Principal Legal Advisor (OPLA) to decide whether to enforce immigration laws against a specific individual. In practice, this means the government may choose to:
- Dismiss or administratively close a removal case
- Stay or defer deportation
- Cancel enforcement actions
- Grant deferred action
- Decline to file or pursue charges
Prosecutorial discretion does not grant a green card by itself, but it can stop removal and allow time to pursue lawful immigration options.
Who Can Qualify for Prosecutorial Discretion?
While prosecutorial discretion is determined on a case by case basis, ICE and DHS will consider many positive factors to determine who can qualify. These factors include:
- Long term residence in the United States
- US citizen or permanent resident family members
- Pending or approved immigration petitions
- Employment history and tax compliance
- Community ties and good moral character
- Serious medical conditions or humanitarian factors
- Military service or essential worker history
Individuals who are not a priority for enforcement often have strong grounds for PD.
When Is Prosecutorial Discretion Most Effective?
Prosecutorial discretion can be requested at multiple stages, including:
- During removal proceedings in immigration court
- After a Notice to Appear (NTA) is issued
- While an appeal or motion is pending
- When a person has a final order of removal
- During ICE check-ins or supervision
- When an I-130, I-140, I-485, or waiver is pending
Timing and strategy are critical. A poorly prepared request can be denied while a strong legal presentation can result in case dismissal or closure.
Common Mistakes in Prosecutorial Discretion Requests
- Submitting incomplete or emotional requests without legal analysis
- Failing to address enforcement priorities
- Ignoring criminal or immigration history issues
- Requesting PD at the wrong procedural stage
- Attempting to file without legal counsel
These mistakes can lead to denial or worse, increased enforcement scrutiny.
Get Legal Help With Prosecutorial Discretion Today
If you or a loved one is facing deportation, removal proceedings, or ICE enforcement, prosecutorial discretion may be the solution but only if requested properly. At The Messersmith Law Firm, we have
- Extensive experience with ICE and OPLA filings
- Proven success in PD cases
- Strategic coordination with pending USCIS filings
- Personalized, attorney led representation
- Same day consultations available for urgent cases
Many of our clients come to us after other attempts failed and we’ve successfully reversed outcomes. At The Messersmith Law Firm, we prepare custom legal briefs tailored to ICE and court expectations not generic letters.
Call 305-515-0613
Email info@messersmithlaw.com
Visit www.messersmithlaw.com