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Immigration Law

Journal Articles

2015

Prosecutorial discretion

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Full-Text Articles in Law

The History Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia Jan 2015

The History Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia

Journal Articles

This Article describes the historical role of prosecutorial discretion in immigration law and connects this history to select executive actions announced by President Obama on November 20, 2014.


Demystifying Employment Authorization And Prosecutorial Discretion In Immigration Cases, Shoba S. Wadhia Jan 2015

Demystifying Employment Authorization And Prosecutorial Discretion In Immigration Cases, Shoba S. Wadhia

Journal Articles

On November 20, 2014, President Barack Obama announced a series of immigration programs aimed to reform the immigration system. Deferred Action for Parents of Americans or Lawful Permanent Residents (DAPA) and extended Deferred Action for Childhood Arrivals (DACA) represent two such programs announced by the President. Both programs extend deferred action (one form of prosecutorial discretion) to qualifying individuals. Deferred action has been part of the immigration system for more than 50 years, and has been named explicitly by Congress, federal courts, and the agencies responsible for administering immigration laws. Additionally, regulations list deferred action as one basis for work …