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On August 18, 2011, the Department of Homeland Security (DHS) announced that it would issue agency-wide guidance to ensure that prosecutorial discretion is exercised in a way to ensure that DHS’s resources are used to remove those who pose the greatest risk to public safety. 

Please see NIJC's recent blog post and fact sheet for more information regarding this announcement.

NIJC pro bono attorneys should note that because prosecutorial discretion does not provide permanent lawful immigration status or the right to petition for family members, in most cases, noncitizens in removal proceedings who have strong claims to immigration relief should continue to pursue those forms of relief and not request that DHS exercise prosecutorial discretion.

NIJC pro bono attorneys who believe their clients may benefit from the prosecutorial discretion initiative should contact NIJC immediately.  NIJC pro bono attorneys representing clients with VAWA or U Visa cases should contact Natalie Maust at nmaust@heartlandalliance.orgor (312) 660-1318.  NIJC pro bono attorneys representing clients with asylum or special immigrant juvenile cases should contact Claire Coogan at or (312) 660-1307.