Prosecutorial Discretion
The traditional and customary authority of any law enforcement agency to decide where to focus its resources and whether or how to enforce (or not) the law against individuals
Cases
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Vickers v. Biden - District Court
ICEDetention/Mandatory DetentionMPP/RMX (Remain in Mexico)ParoleProsecutorial Discretion[ARCHIVED-September 2025] This case challenges a veritable kitchen sink of immigration programs and policies on behalf of two Texas counties (Kinney and Atascosa), Kinney County Sheriff Brad Coe, and Michael Vickers, a veterinarian who owns a ranch about 70 miles from the border. Represented by an...Read more -
Arizona v. Biden (AZ ICE Priorities II) - District Court
ICEDetention/Mandatory DetentionProsecutorial Discretion[ARCHIVED-September 2025] In November 2021, Arizona, Montana, and Ohio sued the Biden Administration regarding immigration enforcement guidance, issued in September 2021, for Immigration and Customs Enforcement (ICE) to consider when prioritizing cases for enforcement and deportation (e.g., whether...Read more -
USA v. Texas (TX ICE Priorities) - Supreme Court
ICEDetention/Mandatory DetentionParoleProsecutorial Discretion[ARCHIVED-September 2025] In July 2022, the Supreme Court agreed to review lower court decisions in this case, brought by Texas and Louisiana, challenging guidance Secretary of Homeland Security Mayorkas issued in September 2021 to Immigration and Customs Enforcement (ICE) about how to prioritize...Read more -
Texas v. USA (TX ICE Priorities) - Final Judgment Appeal
ICEDetention/Mandatory DetentionParoleProsecutorial Discretion[ARCHIVED-September 2025] This is an appeal of a district court’s final judgment granting Texas and Louisiana’s request to vacate (void) immigration enforcement guidance issued in September 2021 that set out criteria and guidelines for Immigration and Customs Enforcement (ICE) to consider when...Read more -
Alabama v. Mayorkas - District Court
ICEDetention/Mandatory DetentionProsecutorial Discretion[ARCHIVED-September 2025] In April 2022, Alabama, Florida, and Georgia sued the Biden Administration over immigration enforcement guidance, issued in September 2021, that set out criteria and guidelines for Immigration and Customs Enforcement (ICE) to consider when prioritizing cases for enforcement...Read more
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