Factors for Prosecutorial Discretion | Immigration Attorney | Eatontown NJ

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What Factors does ICE consider when exercising Prosecutorial Discretion?

Because of limited agency resources, ICE cannot remove all persons illegally present in the U.S. Instead, ICE uses a number of factors, to decide when to exercise prosecutorial discretion. The main factors include:

  • Education in the U.S.;
  • When and how did person arrive to the U.S.;
  • How long has the person been in the U.S.;
  • Whether the person or any immediate relative served in the armed forces;
  • The person’s ties and contributions to the community;
  • Whether the person has a U.S. citizen or permanent resident spouse, child, or parent;
  • The person’s age;
  • The person’s ties to his or her home country; and
  • Whether the person is likely to be granted some sort of temporary or permanent relief from removal.
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