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Beyond Deportation - The Role of Prosecutorial Discretion in Immigration Cases (Paperback)
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Beyond Deportation - The Role of Prosecutorial Discretion in Immigration Cases (Paperback)
Series: Citizenship and Migration in the Americas
Expected to ship within 12 - 17 working days
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The first book to comprehensively describe the history, theory, and
application of prosecutorial discretion in immigration law When
Beatles star John Lennon faced deportation from the U.S. in the
1970s, his lawyer Leon Wildes made a groundbreaking argument. He
argued that Lennon should be granted "nonpriority" status pursuant
to INS's (now DHS's) policy of prosecutorial discretion. In U.S.
immigration law, the agency exercises prosecutorial discretion
favorably when it refrains from enforcing the full scope of
immigration law. A prosecutorial discretion grant is important to
an agency seeking to focus its priorities on the "truly dangerous"
in order to conserve resources and to bring compassion into
immigration enforcement. The Lennon case marked the first moment
that the immigration agency's prosecutorial discretion policy
became public knowledge. Today, the concept of prosecutorial
discretion is more widely known in light of the Obama
Administration's Deferred Action for Childhood Arrivals or DACA
program, a record number of deportations and a stalemate in
Congress to move immigration reform. Beyond Deportation is the
first book to comprehensively describe the history, theory, and
application of prosecutorial discretion in immigration law. It
provides a rich history of the role of prosecutorial discretion in
the immigration system and unveils the powerful role it plays in
protecting individuals from deportation and saving the government
resources. Shoba Sivaprasad Wadhia draws on her years of experience
as an immigration attorney, policy leader, and law professor to
advocate for a bolder standard on prosecutorial discretion, greater
mechanisms for accountability when such standards are ignored,
improved transparency about the cases involving prosecutorial
discretion, and recognition of "deferred action" in the law as a
formal benefit.
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