ILLEGAL IMMAGRATION prosecutorial discretion



Research and explain Obama administration’s arguments in favor of “prosecutorial discretion” then analyze the various objections that have been raised opposing that policy.


Undocumented immigrants in the United States have reliefs against deportation. Policies and laws that protect immigrants were enforced during president Obama’s administration. The objectives of the laws were to protect the interests of the young and harmless illegal immigrants. Peter (2011) states that, undocumented immigrants charged with criminal offences are subjected to forceful deportation, while those with lower risks are granted exemptions from deportation.

The prosecutorial discretion by president Obama stated that young immigrants do not pose risks to public safety and national security and thus should be granted relief from the removal proceedings. Individuals who meet the several required criteria are eligible to be granted a renewable period of two years with authorization to acquire work permits.  Undocumented immigrants who are 30 years and below and were born and brought up in the United States by undocumented immigrant parents, are eligible for the exemptions.  Such individuals are entitled to live and work in the United States with no fear of detention or prosecution. The president provided the needed relief to families and students who have dreams of becoming prosperous Americans (Peter, 2011).

According to Sam (2012), Congress man Barletta Lou criticized the immigrant prosecutorial discretion by president Obama’s administration. He argued that the policy grants a two year work permit to undocumented immigrants which constitute an improper use of the prosecutorial discretion. He stated that the policy was against the congress law of 1996 which restricted the president’s powers to exercise prosecutorial discretion on immigrants.  Critics believe that the intentions of granting prosecutorial discretion on undocumented immigrants are motivated by political manipulations by political affiliations.

In conclusion, families are at risk of separation if the immigrant prosecutorial discretion is withdrawn. Although critics argue against the policy, advocates and activists should advocate for amendments of laws and policies that will protect the immigrants.


Sam, G. (2012, July 3). Barletta criticizes Obama for ‘prosecutorial discretion’. Pottsville Republican, The & Evening Herald (PA). p. 21.

Peter, N. (2011, August 18). LULAC Applauds the Obama Administration for Decision to Exercise Prosecutorial Discretion in Deportation Cases. PR Newswire US.

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