Franklin

Beyond Deportation : The Role of Prosecutorial Discretion in Immigration Cases / Shoba Sivaprasad Wadhia.

Author/Creator:
Wadhia, Shoba Sivaprasad, author., Author,
Publication:
New York, NY : New York University Press, [2015]
Series:
Citizenship and Migration in the Americas ; 4
Format/Description:
Book
1 online resource
Subjects:
Deportation -- United States.
Emigration and immigration law -- United States.
Prosecution -- Decision making -- United States -- United States.
Prosecution -- United States -- Decision making.
Language:
In English.
System Details:
Mode of access: Internet via World Wide Web.
text file PDF
Summary:
The first book to comprehensivelydescribe the history, theory, and application of prosecutorial discretion inimmigration 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.
Contents:
Frontmatter
Contents
Foreword
Acknowledgments
Introduction
1. Primer
2. The Early Years
3. Lessons from Criminal Law
4. Deferred Action
5. Presidential Portrait
6. Going to Court
7. Open Government
8. Reform
Abbreviations
Authorities
Notes
Index
About the Author
Notes:
Description based on online resource; title from PDF title page (publisher's Web site, viewed 23. Jul 2020)
Contributor:
Wildes, Leon
De Gruyter.
Contained In:
De Gruyter University Press Library.
ISBN:
9781479807543
Publisher Number:
10.18574/9781479807543 doi
Access Restriction:
Restricted for use by site license.
Loading...
Location Notes Your Loan Policy
Description Status Barcode Your Loan Policy