Tagged #prosecutorial-discretion
Every article we've published on this topic, sorted by the agency's own announcement date.
USCIS Narrows Deferred Action Standard: What Practitioners Need to Know
On May 8, 2026, USCIS updated its Policy Manual to restrict deferred action to extraordinary cases requiring individual review. Learn what changed and how it affects your clients.
USCIS Policy Alert: Deferred Action Standards Tightened for DACA and Beyond
USCIS issued a Policy Alert on May 8, 2026, recharacterizing deferred action as an extraordinary use of prosecutorial discretion, with immediate effect on pending and future DACA renewals. Key implications for practitioners and clients.
USCIS Narrows Deferred Action to Extraordinary Cases—Policy Alert Raises Bar for DACA Renewals
USCIS Policy Alert PA-2026-01 reframes deferred action as limited prosecutorial discretion, applying immediately to pending DACA renewals and other DA-based relief. Practitioners must revise filing strategy.
BIA Reaffirms IJ Authority to Reject Stipulations and Exercise Independent Judgment
Board of Immigration Appeals decision in Matter of J-H-M-H- signals a shift from Biden-era enforcement restrictions, reaffirming immigration judges' duty to exercise independent discretion in removal proceedings.
EOIR Pre-Hearing Conferences: Using Stipulations, PD, and Continuances to Reshape the Case
Pre-hearing conferences under 8 C.F.R. §1003.21 are EOIR's underused settlement and case-management tool. Used well, they narrow the issues, secure stipulations, and create space for prosecutorial discretion.
Deferred Action for Childhood Arrivals (DACA): the policy framework, the 2022 final rule, and the litigation landscape
How DACA works as an exercise of prosecutorial discretion under DHS, what the August 2022 final rule changed, and where the Texas v. United States litigation has left the program's enforcement posture.