Factors used in deciding Prosecutorial Discretion Applications —

When deciding whether favorable prosecutorial discretion should be exercised in a certain case, ICE deportation officers consider all the specific factors, including, but not limited to:

  • the current immigration enforcement priorities;
  • the person’s length of stay in the U.S., with particular consideration given to the amount of time spent in lawful status;
  • the circumstances of the person’s arrival in the United States and the manner of his or her entry, particularly if the alien came to the United States as a young child;
  • the person level of education in the U.S., with particular consideration given to those who have graduated from an American high school or have successfully pursued advanced degrees at a U.S. legitimate university;
  • whether the person has served in the U.S. military, reserves, or national guard, with particular consideration given to those who served in combat;
  • the person’s criminal history, including arrests, prior convictions, or outstanding arrest warrants;
  • the person’s immigration history, including any prior deportation ordered, outstanding order of removal, prior denial of status, or evidence of fraud;
  • whether the person poses a national security or public safety concern;
  • the person’s ties and contributions to the community, including family relationships;
  • the person’s ties to his or her home country;
  • The political and social conditions of the alien’s country;
  • the person’s age, with particular consideration given to minors and elderly people;
  • whether the person has a U.S. citizen or permanent resident spouse, child, or parent;
  • whether the person is the primary caretaker of a person with a mental or physical disability, minor, or seriously ill relative;
  • whether the person or the person’s spouse is pregnant or nursing;
  • whether the person or the person’s spouse suffers from severe mental or physical illness;
  • Whether the person is likely to be granted temporary or permanent status or other relief from removal, including as a relative of a U.S. citizen or permanent resident;
  • whether the person is likely to be granted temporary or permanent status or other relief from removal;
  • whether the person is currently cooperating or has cooperated with federal, state or local law enforcement authorities, such as ICE, the U.S Attorneys or Department of Justice, the Department of Labor, or National Labor Relations Board, among others.

Prosecutorial discretion