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Administrative Law

Erin B. Corcoran

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Seek Justice, Not Just Deportation: How To Improve Prosecutorial Discretion In Immigration Law, Erin B. Corcoran Mar 2014

Seek Justice, Not Just Deportation: How To Improve Prosecutorial Discretion In Immigration Law, Erin B. Corcoran

Erin B. Corcoran

Bipartisan politics has prevented meaningful reform to a system in dire need of solutions: Immigration. Meanwhile there eleven million noncitizens with no valid immigration status who currently reside in the United States and the Department of Homeland Security (DHS) does not have the necessary resources to effect their removal. DHS does have the authority through prosecutorial discretion to prioritize these cases and provide relief to individuals with compelling circumstances that warrant humanitarian consideration; nonetheless, DHS’s exercise of prosecutorial discretion is underutilized, inconsistently applied and lacks transparency. This Article suggests a remedy – that the immigration prosecutor’s role should redefined to …


Seek Justice, Not Just Deportation: How To Improve Prosecutorial Discretion In Immigration Law, Erin B. Corcoran Mar 2014

Seek Justice, Not Just Deportation: How To Improve Prosecutorial Discretion In Immigration Law, Erin B. Corcoran

Erin B. Corcoran

Bipartisan politics has prevented meaningful reform to a system in dire need of solutions: Immigration. Meanwhile there eleven million noncitizens with no valid immigration status who currently reside in the United States and the Department of Homeland Security (DHS) does not have the necessary resources to effect their removal. DHS does have the authority through prosecutorial discretion to prioritize these cases and provide relief to individuals with compelling circumstances that warrant humanitarian consideration; nonetheless, DHS’s exercise of prosecutorial discretion is underutilized, inconsistently applied and lacks transparency. This Article suggests a remedy – that the immigration prosecutor’s role should redefined to …