This thesis will describe the uses of prosecutorial discretion throughout American immigration history. Prosecutorial discretion is a subjective decision by a U.S. government official to abstain from enforcing immigration laws against any undocumented individual immigrant or immigrant group. When viewing this history through the lens of prosecutorial discretion, which often took place individually and at times in secret, the true nature of deportation proceedings in each period of that history can be analyzed. Prosecutorial discretion serves as an accurate indicator for the government's consideration of an undocumented immigrant's rights during enforcement proceedings. Though the use of prosecutorial discretion often benefits the undocumented population, the practice is not beneficial when used in lieu of more permanent solutions like amnesty.;The most recent form of prosecutorial discretion, the Deferred Action for Childhood Arrivals (DACA) Program, has delayed the deportation of young immigrants without providing them with a permanent form of status. As of 2016, the Trump Administration has limited the practice of prosecutorial discretion significantly. While any prosecutorial discretion is better than none at all, there is a framework within which the policy functions in a way that simultaneously benefits the government and the undocumented immigrant population. This thesis will explore that framework while investigating and analyzing prosecutorial discretion over the course of its history.
展开▼
