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Diane Publishing Books
Prosecutorial Discretion in Immigration Enforcement: Legal Issues
Kate M. Manuel (au); Todd Garvey (au)
The term prosecutorial discretion is commonly used to describe the wide latitude that prosecutors have in determining when, whom, how, and even whether to prosecute apparent violations of the law. The Immigration and Naturalization Service (INS) and, later, the Dept. of Homeland Security (DHS) and its components have historically described themselves as exercising prosecutorial discretion in immigration enforcement. Some commentators have recently challenged this characterization on the grounds that DHS enforces primarily civil violations, and some of its components cannot be said to engage in ńˇýlaw enforcement,ńˇŁ as that term is conventionally understood. However, even agencies that do not prosecute or engage in law enforcement have been recognized as having discretion (sometimes referred to as enforcement discretion) in determining whether to enforce particular violations. Contents of this report: Federal Power to Regulate Immigration; Prosecutorial Discretion Generally; Prosecutorial Discretion in the Immigration Context; Potential Limits on the Exercise of Discretion; Conclusion. This is a print on demand report.
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