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
-
Arizona v. Mayorkas (AZ Border Wall) - Court of Appeals
Border WallCOVIDICEDetention/Mandatory DetentionMPP/RMX (Remain in Mexico)ParoleProsecutorial DiscretionTitle 42[ARCHIVED - September 2025] This was an appeal in a case where Arizona challenges at least five different immigration-related policies of the Biden administration, principally on the ground that they allegedly violate an environmental law. Arizona’s main contention is that since the various policies...Read more -
Arizona v. Biden (AZ ICE Priorities II)- Court of Appeals
Detention/Mandatory DetentionProsecutorial DiscretionICE[ARCHIVED-September 2025] This is an appeal by the federal government of the March 22, 2022 decision of a trial court preliminarily enjoining (blocking) guidance the Biden Administration issued in September 2021 for Immigration and Customs Enforcement (ICE) to consider when prioritizing cases for...Read more -
Arizona v. Mayorkas (AZ Border Wall) - District Court
Border WallCOVIDICEDetention/Mandatory DetentionMPP/RMX (Remain in Mexico)ParoleProsecutorial DiscretionTitle 42[ARCHIVED - September 2025] In this case, Arizona challenged at least five different immigration-related policies of the Biden Administration, principally based on an environmental law statute. Arizona’s main contention was that since the various policies could result in an increase in the U.S...Read more -
Arizona v. DHS (AZ ICE Priorities) - Court of Appeals
ICEDetention/Mandatory DetentionParoleProsecutorial Discretion[ARCHIVED-September 2025] This was an appeal by the States of Arizona and Montana of a district court order dismissing their claims against immigration enforcement guidance, issued in January and February 2021, for Immigration and Customs Enforcement (ICE) to consider when prioritizing cases for...Read more -
Florida v. USA (FL ICE Priorities) - District Court
Detention/Mandatory DetentionParoleProsecutorial DiscretionICE[ARCHIVED-September 2025] In March 2021, the State of Florida sued the Biden Administration regarding immigration enforcement guidance, issued in January and February 2021, for Immigration and Customs Enforcement (ICE) to consider when prioritizing cases for enforcement and deportation (e.g. whether...Read more
Image
TAKE ACTION
Defend Humanitarian Parole and Support Immigrant Justice Today!