Prosecutorial discretion has become a big deal in recent weeks as it relates to immigrants who have been accused of committing crimes during their stay in the United States of America. Prosecutorial discretion basically is a term that applies to the authority of a law enforcement agency in their decision of what charges to bring and how to use the criminal justice system as a prosecutorial force.

Politics Interfering with Prudent Immigration Policy

When dealing with the matter of illegal immigration in the United States today, politics is gotten in the way of what was once one of the greatest assets that American new; the ability to bring in new skilled labor, fresh ideas, and good people. However, with the rise of the criminal society a large number of immigrants have killed a number of people prompting socialist Democrats who favor immigration to turn a blind eye the sake of political gains.

PHOTO SOURCE: AP/Ted S. Warren | Washington Gov. Jay Inslee (D) signs a measure into law that expands state financial aid to illegal aliens.

Understanding Prosecutorial Discretion

This is where prosecutorial discretion steps in. People are committing crimes and are not being prosecuted due to the scourge known as political correctness. The ability to choose who to prosecute, and who to not prosecute, demonstrates a lack of equality in the American system and how these acts of any quality are being used in favor of immigrants.

To be fair, it bears pointing out that the concept of prosecutorial discretion applies in all areas of law which include criminal law, civil law, and some of the administrative functions in which the law can be involved. Ultimately, it is up to the agency as to whether or not it pursues an individual who has committed a crime. This idea of prosecutorial discretion is backed by the Supreme Court of the United States.

For more information about prosecutorial discretion in the context of US immigration law visit some of the resources we’ve listed below.

• American Immigration Council
• Guarding the Golden Door
• Understanding Immigration Law (2nd Edition)
• Understanding Immigration Federalism in the United States

Prosecutorial Discretion and The Failure of US Immigration Policy