Prosecutorial discretion refers to the fact that under American law, government prosecuting attorneys have nearly absolute powers. A prosecuting attorney has power on various matters including those relating to choosing whether or not to bring criminal charges, deciding the nature of charges, plea bargaining and sentence recommendation. This discretion of the prosecuting attorney is called prosecutorial discretion.
In exercising prosecutorial discretion in furtherance of ICE’s enforcement priorities, the
following negative factors should also prompt particular care and consideration by ICE officers,
agents, and attorneys:
- individuals who pose a clear risk to national security;
- serious felons, repeat offenders, or individuals with a lengthy criminal record of any kind;
- known gang members or other individuals who pose a clear danger to public safety; and
- individuals with an egregious record of immigration violations, including those with a record of illegal re-entry and those who have engaged in immigration fraud.
Nearly 200 murderers, over 400 rapists, and 300 kidnappers in the U.S. illegally were released by Immigration and Customs Enforcement while awaiting deportation proceedings, according to a new report from the Center for Immigration Studies.
A total of 36,007 criminal illegal immigrants that were being processed for deportation were freed in 2013. Together, they committed nearly 88,000 crimes, according to the report: http://cis.org/ICE-Document-Details-36000-Criminal-Aliens-Release-in-2013 which states”The vast majority of these releases from ICE custody were discretionary, not required by law (in fact, in some instances, apparently contrary to law), nor the result of local sanctuary policies.”
Also, “DHS Secretary Jeh Johnson is on the verge of announcing the results of a review of deportation policies, ordered by the president in response to immigrant advocacy group protests. Most observers believe this review will result in policy changes to further expand the number and categories of illegal aliens who effectively are exempt from immigration enforcement and, if experience is a guide, will further increase the number of criminal aliens who are released instead of deported.”
And of course we all heard about the big rush to get some 68,000 children into the U.S. this summer. They look like kids to me: