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  8. Prosecutorial Discretion in Immigration Enforcement: Legal Issues

Prosecutorial Discretion in Immigration Enforcement: Legal Issues

File(s)
CRS_Prosecutorial_Discretion_in_Immigration_Enforcement_1213b.pdf (488.66 KB)
Permanent Link(s)
https://hdl.handle.net/1813/77759
Collections
Congressional Research Service (CRS) Reports and Issue Briefs
Federal Publications
Author
Manuel, Kate M.
Garvey, Todd
Abstract

[Excerpt] This report begins by discussing the sources of federal power to regulate immigration and, particularly, the allocation of power between Congress and the President in this area. It next addresses the constitutional and other foundations for the doctrine of prosecutorial discretion, as well as the potential ways in which prosecutorial discretion may be exercised in the immigration context. It concludes by addressing potential constitutional, statutory, and administrative constraints upon the exercise of prosecutorial discretion. The report does not address other aspects of discretion in immigration law, such as the discretion exercised by immigration officers in granting benefits (e.g., asylum), or by immigration judges in non-enforcement contexts (e.g., cancellation of removal).

Date Issued
2013-01-17
Keywords
immigration
•
enforcement
•
prosecution
•
discretion
Related Version
A more recent version of this report can be found here: https://hdl.handle.net/1813/77758
Related To
https://hdl.handle.net/1813/77758
Type
government record

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