In moments of immigration uncertainty, understanding your available options can make all the difference.
One of them is lesser known but incredibly powerful: Prosecutorial Discretion, also known as the government’s discretionary authority.
In this article, Imigra Foundation explains what it means and presents real, practical examples of how this decision can protect immigrants in vulnerable situations.

What Is Prosecutorial Discretion?

Prosecutorial Discretion is the power the U.S. government has to decide whether or not to pursue a deportation case.
Even if someone is undocumented, the Department of Homeland Security (DHS) may choose not to initiate or to close a removal process when there are humanitarian, family-based, or public-interest reasons to do so.

How Does It Work in Practice?

There is no official form to request this decision.
The request must be made in writing, supported by strong evidence and a clear explanation of the person’s circumstances.
Below are real examples of how Prosecutorial Discretion can be applied:

1. Parent of a U.S. Citizen Child with a Disability

Maria has lived in the U.S. for 12 years with no criminal record. She is the sole caregiver for her U.S. citizen son, diagnosed with cerebral palsy.
After receiving a Notice to Appear (NTA), her defense submitted a Prosecutorial Discretion request with medical records and letters from the school.

✅ Result: ICE agreed to close the removal case, recognizing the severe impact deportation would have on the child’s life.

2. Person Undergoing Serious Medical Treatment

Carlos is receiving treatment for a rare form of cancer in the U.S. Even without legal status, he submitted medical evidence and proof that such treatment was unavailable in his home country.

✅ Result: The government chose to delay the removal, allowing him to continue his treatment with dignity.

3. Victim of Domestic Violence

Ana reported her abusive ex-partner and is cooperating with law enforcement in a criminal case.
Her attorney asked ICE to suspend the deportation process until she completed her participation in the case.

✅ Result: ICE paused the case, recognizing both the risk she faced and the public interest in her continued cooperation with justice.

4. Person Whose NTA Has Not Yet Been Filed in Court

João received a Notice to Appear, but the case had not yet been formally filed (“docketed”) in immigration court.
His attorney requested that ICE not file the NTA, emphasizing João’s U.S. citizen children, family ties, and community involvement.

✅ Result: ICE held the NTA, and the removal case was not initiated.

5. Person with Another Immigration Process Pending

Luciana is married to a U.S. citizen and had already submitted an adjustment of status application.
After receiving an NTA, her attorney requested that ICE close the removal case so she could complete her process with USCIS.

✅ Result: ICE agreed to terminate the case, giving her the chance to continue her legal path toward residency.

⚠️ Important to Remember

• Prosecutorial Discretion is not a guaranteed benefit under the law.
• The government may deny the request without explanation.
• The decision is discretionary and case-by-case, meaning every situation is evaluated individually.
• For that reason, it’s crucial to submit a well-prepared request with strong evidence and a clear strategy.

🤝 How Imigra Foundation Can Help

If you are in a vulnerable situation and fear deportation. Don’t wait for the worst to happen.
Contact Imigra Foundation. Our team can evaluate your case with seriousness, empathy, and professional expertise.

📲 We’re here for you — and with you.