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

Texas v. USA (TX ICE Priorities) - District Court

ICE

Detention/Mandatory Detention

Parole

Prosecutorial Discretion

[ARCHIVED-September 2025] In April 2021, Texas and Louisiana sued the Biden Administration over immigration enforcement guidance that set out criteria and guidelines for Immigration and Customs Enforcement (ICE) to consider when prioritizing cases for enforcement and deportation (e.g. whether an...

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