Prosecutorial discretion
According to an article in the Kansas City Star, the use of Prosecutorial Discretion is ancient history under the Trump Administration.
What is Prosecutorial Discretion? It is only one of the most powerful tools that any law enforcement officer can use. The Administration has taken away that tool.
When an Officer pulls you over on the highway and lets you know that you were driving 6 miles faster than the speed limit, and then the Officer gives you a warning, that Officer has just used Prosecutorial Discretion in your favor. He or she has given you a break.
What does that do? It saves the Officer time on paperwork; it causes you to drive slower because you know you won’t get a warning a second time; and it makes you feel good or favorable towards law enforcement.
When an Immigration Officer (ICE) encounters a person who has no documents, but is not committing a crime and has a family to support, that Officer used to be able to use his or her positive discretion and not take the undocumented person into custody.
Those days are gone. The ICE Officers have been instructed to treat everyone the same – the undocumented drug dealers and the undocumented mother of 4 US Citizen children who has not been charged with any crime.
Recently, our community is seeing our neighbors and family members being picked up and detained without bond. These are usually people who have final orders of removal and who have been brought to the attention of ICE. Instead of allowing the undocumented individual to resume a life of anonymity in the U.S., ICE is removing them.
If you or someone you know is in this situation (with a final order of removal), it is more important than ever to have a back-up plan. Be prepared for your life to be disrupted and have a plan for your children and your property.
If you believe that the tool or practice of discretion should be used positively by Immigration, make your opinions heard by our government. You can call and leave your message with the Department of Homeland Security comment line at 202-282-8495.
