Immigratoin Customs Enforcement (ICE), US Citizens and Immigration Services (USCIS), and Customs Border Patrol (CBP) officers have the authority to exercise prosecutorial discretion. Because prosecutorial discretion is a process that determines whether the government is going to pursue enforcement in a case, the initial decisions are made by those immigration officers assigned to the case. Once the initial decision is made to issue a Notice to Appear, discretion must be made by higher levels at ICE or Department of Homeland Security (DHS).
