Figures and tables are indicated by “f ” and “t ” following page numbers.
Abbott Laboratories v. Gardner (1967), 113–14
Absolute discretion, 110–11
Abuse, victims of. See Victims of domestic violence; Violence Against Women Act of 1994
Abuse of process, recommendations regarding, 150–51
Aderholt, Robert, 100
Adjudicator’s Field Manual (AFM), 157, 159
Administrative closure, 103, 104, 157, 203n69
Administrative Procedure Act of 1946: generally, xii, 5, 152–53; agency actions “committed to agency discretion,” 117–23; authority for review, 113–15; preclusion to judicial review, 123–27; recommendations regarding rule making, 85–87; scope of review, 115–17; text of, 209–10n32. See also Judicial review of prosecutorial discretion
Administrative review office, recommendations for creating, 151
Adverse factors in deferred action, 77–79
Age of individuals in deferred action, 73f, 83–85, 84f; “tender age,” 64, 68f, 193n83
Albonetti, Celesta, 44–45
Alcaraz v. INS (2004), 121, 124–25, 212–13n72, 212n69, 213n75
Alien Act of 1798, 169n1
American Bar Association (ABA): Criminal Justice Section, 40–41, 45; House of Delegates, 43; on prosecutorial discretion, 92–93
American Immigration Lawyers Association (AILA), 91, 93, 103–4, 140, 221–22n19
Amnesty, 90–91, 99, 100. See also Deferred Action for Childhood Arrivals (DACA); DREAM Act (proposed)
Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 175n57
Arizona v. U.S. (2012), 46, 127
Armed Forces and use of Parole in Place, 31
Arrest and prosecutorial discretion, 11, 125, 148
Ashcroft, John, 120
Asian Law Caucus, 94
Association of International Educators (NAFSA), 93
Asylum, 9, 22, 30; judicial review, 128; and NTAs, 143, 149; relief from removal, 12, 50–51, 97, 103
Avetisyan, Matter of (2012), 121
Bail procedure, 40
Benson, Lenni, 128–29
“Blue Sheets,” 17
Board of Immigration Appeals (BIA): generally, 157; judicial review in, 114, 116, 119–21, 126–27, 129, 131, 211–12n60
Border Patrol Training Guidance, 140
Boudin, Michael, 133
Cambodia, 29
“Cancellation of Operations Instructions,” 21
Cardenas, Juan, 34
Categorical grants of prosecutorial discretion, 28–32
Center for American Progress, 73–74
Center for Immigration Studies, 90
Central Intelligence Agency (CIA), 122
Chahal, Mandeep, 104
Charging process: in immigration law, 48–50; prosecutorial discretion during, 11, 40–41
Cheruku v. Attorney General of U.S. (2011), 132
Chile, 29
China, 30
Citizenship: applications, USCIS responsibility for, 9; and DACA, 108; and DREAM Act, 107; path for undocumented population to, 6
Citizenship and Immigration Services (USCIS): generally, 160; Adjudicator’s Field Manual, 157; and DAPA, 156; deferred action in, 32, 56, 59–62, 135–37, 154–55; FOIA requests to, 65–74, 134–37, 192n77–193n78, 217n4; under Obama administration, 90–91, 101, 106; ombudsman, 135, 159, 219–20n38; and Parole in Place, 31; Policy Manual, 159; prosecutorial discretion in, 7, 9–11, 27, 48–49; recommendations regarding, 149; Standard Operating Procedures, 136–37; transparency of prosecutorial discretion in, 135–37, 141–44; and U visas, 191n43; Vermont Service Center, 59, 61, 189n22. See also specific memos and forms
Citizens to Preserve Overton Park v. Volpe (1971), 118–19
Civiletti, Benjamin R., 38
Colombia, 73
Community Institute v. Young (1987), 86
Confrontation of witnesses, 186n109
Congressional Research Service (CRS), 29, 165
Constitution, U.S.: confrontation of witnesses, 186n109; First Amendment, 208n10; plea bargaining, 42; plenary power, 110, 172n30; prerogative power, 206n97; and prosecutorial discretion, 36; right to counsel, 42, 53, 186n109; speedy trial, 186n109; Take Care Clause, 107, 161, 183–84n70
Conyers, John, 100
Cooper, Owen “Bo,” 24, 25–26, 46
Cooper Memo (1999), 24
Cornyn, John, 100
Cox, Adam, 26
Cox, Tony, ix
Cramton, Roger C., 144
Crane v. Napolitano (2012), 106
Credible fear candidates, 143
Criminal law, prosecutorial discretion in, 4, 33–53; during charging process, 40–41; civil system distinguished, 52; deportation compared, 46–53, 186n114; discretionary points, 39–43; in DOJ, 35, 37; economic rationale, 36–37; factors influencing, 43–45; and grand juries, 41–42; historical background, 34–36; immigration law compared, 45–53; immigration-related offenses, 181n23; INA compared, 47, 50, 52, 181n23; and “overcriminalization,” 37; overview, 33–34; during plea bargaining, 42; and professional advancement, 45; public interest basis, 36–38, 43–45; and race, 45; during sentencing, 42–43; standards of, 39–43; theory vs. practice, 43–45
Cronin Memo (1998), 59–60, 189n22, 189n25
Customs and Border Protection (CBP): generally, 157; Border Patrol Training Guidance, 140; FOIA requests to, 49, 134, 140–41; under Obama administration, 101; Office of Field Operations, 49; prosecutorial discretion in, 7, 9–11, 27, 48–49, 140; transparency in prosecutorial discretion at, 140–41, 143
DACA. See Deferred Action for Childhood Arrivals
DACA Memo (2012), 165
DAPA (Deferred Action for Parental Accountability), 156
David v. INS (1977), 20
Davis, Kenneth Culp, 39, 85, 110, 197n118
Defense of Marriage Act of 1996, 101
Deferred action, 4, 54–87; adverse factors in, 77–79; by age, 64, 83–85, 84f, 193n83; analysis and statistics of granted cases, 63–85; countries most commonly associated with, 73, 76, 83; and DACA, 54, 57, 64, 73–74, 73f, 84; defined, 157; and deportation, 87, and domestic violence, 55, 58–59, 66; evolution of, 14–22, 32; Field Offices comparison, 79–83; and human trafficking, 58, 60–62; and Lennon case, ix–xii, 4; medical factors in, 66, 69, 193–94n84; and Meissner Memo, 56, 175n51; under Obama administration, 90–93, 99, 104–5, 107; and Operations Instructions, 18, 55, 87, 187–88n8; overview, 4, 54–57; and potential negative publicity, 66–67; recommendations regarding, 152–55; and rule making, 85–87; and stay of removal, 76–79, 190–91n42, 195n107, 196n111, 196n112; and T visas, 60–62, 71, 190n31; and “tender age,” 64, 193n83; and U visas, 60–62, 71, 190–91n42, 190n31, 191n43; for victims of crime and abuse, 57–62. See also Humanitarian factors; Statistics on deferred action
Deferred Action for Childhood Arrivals (DACA): applications, 194n91; countries of applicants for, 73, 74, 142; critique of, 206n96; CRS Memo, 165; deferred action generally, 54, 57, 64, 73–74, 73f, 84; and DHS, 105–6, 108, 154–55; expansion of, 156; FOIA requests regarding, 134, 137, 142; improvements in, 146–47; and judicial review, 112–13, 119, 122–24, 130, 133; and Morton Memo I, 105–6; outcome statistics, 73–74, 73f; overview, 2, 4–5, 157; promulgation of, 105–8; and transparency in prosecutorial discretion, 141–43
Deferred Action for Parental Accountability (DAPA), 156
Deferred Enforcement Departure (DED), 29
Delahunty, Robert, 106–7, 206nn96–97
Department of Transportation Act of 1966, 118
Deportation/removal: generally, 1, 8; case law, 18–21; criminal law compared, 46–53, 186n114; and deferred action, 87, 169–70n2, 190–91n42; and domestic violence, 58–59; and human trafficking, 60–62; under INA, 171n21, 221nn12–14; judicial review of, 13, 109, 114, 120–21, 124–27, 129, 132–33, 207n2, 208n10, 209–10n32, 209n28, 214–15n90, 214n86; and Lennon case, 14–18; and mental illness, 64; under Obama administration, 89–104, 107–8, 207n104; and Operations Instructions, 21–22; prosecutorial discretion during, 11–13, 172n32; recommendations regarding, 146–50; regulatory provision on (8 C.F.R. § 1240), 162; relief from or cancellation of, 11–13, 26, 50–51, 97, 154; statistics, xii; stay of removal, 195n107; and transparency, 145. See also Stay of removal
Detention: for arriving aliens, 22; pretrial release and bail procedure for, 40; and prosecutorial discretion, 11, 36, 47, 51–52, 94, 103, 150, 185n100. See also Morton Memo I
Detention Removal Office (DRO), 28
Development, Relief, and Education for Alien Minors (DREAM) Act. See DREAM Act (proposed)
DHS. See Homeland Security Department
Discretionary points: in criminal law, 39–43; in immigration law, 47–52
DOJ. See Justice Department
Domestic violence. See Victims of domestic violence
DREAM Act (proposed), 89–90, 92, 104–5, 107
“Dreamers,” 89, 94, 198n7. See also DREAM Act (proposed)
Duane Morris, LLP, 93
Due Process Clause, 144–45
Economic rationale for prosecutorial discretion, 8, 36–37, 47
Education Not Deportation: A Guide for Undocumented Youth in Removal Proceedings, 94
Educators for Fair Consideration, 94
Effective assistance of counsel, 182–83n51
Eisenhower, Dwight D., 30
Enforcement and Removal Operations (ERO), 158
Enforcement Case Tracking System (ENFORCE), 158
Esperdy, Peter, ix
Ethiopia, 29
Executive actions, 155–56
Executive Office for Immigration Review (EOIR): and judicial review, 116, 119, 121, 126, 210n34; Operating Policies and Procedures Memorandum, 159; overview, 5, 158; prosecutorial discretion in, 9, 12–13, 169–70n2; recommendations regarding, 150
Extended Voluntary Departure (EVD), 28–29, 105
Fair Immigration Reform Movement, 102–3
Family Memo (2012), 101–2
Family reunification. See Humanitarian factors
Federal-Aid Highway Act of 1956, 118
Federal Food, Drug and Cosmetic Act of 1938, 119
Field Offices, deferred action in: generally, 195–96n108; comparison among, 79–82; disparities in outcome by, 82–83; distribution across, 81–82; statistics, 80f, 82f, 196n111–114
First Amendment, 208n10
FOIA. See Freedom of Information Act of 1966
Food and Drug Administration (FDA), 86, 113, 118–19
Forman Memo (2004), 163
Form I-862, Notice to Appear, 143
Frederick, Bruce, 43–44
Freedom of Information Act of 1966 (FOIA): analysis of deferred action cases retrieved through, 63–74; CBP requests, 49, 134, 140–41; and DACA, 134, 137, 142; DHS requests, 134, 143–44; ICE requests, 74–85, 134, 137–39; overview, 158; USCIS requests, 65–74, 134–37, 192–93n77, 193n78, 217n4
General Counsel Electronic Management System (GEMS), 158
GNC, Matter of (1998), 214–15n90
Goodlatte, Bob, 108
Graham, Lindsay, 89
Grand juries, 41–42, 53, 182n43
Grassley, Charles, 91
Green cards, 9, 16–17, 27, 31, 50, 51, 57, 59, 98, 126, 130, 143, 149, 154
Gutierrez, Matter of (1996), 120–21
Haitian earthquake (2010), 67
HALT (Hinder the Administration’s Legalization Temptation) Act (proposed), 99–100, 165–66
Haoud v. Ashcroft (2003), 120
Hashmi v. Attorney General of U.S. (2009), 116
Hatch, Orrin, 100
Heckler v. Chaney (1985), 111–12, 118–22, 162, 211n52
HIV/AIDS, 66
Holder, Eric, 38, 43, 45, 52, 183n56
Homeland Security Act of 2002, 9–10, 161
Homeland Security Department (DHS): administrative review, 151; code of conduct proposal for, 151; and DACA, 105–6, 108, 154–55; deferred action in, 55–57, 60–63, 65–67, 74, 77, 85–86, 152–55; FOIA requests to, 134, 143–44; improvements at, 146–48; and judicial review, 111–12, 115, 117, 120–22, 126, 128, 131–33, 213n81; and noncitizens, 150–51; under Obama administration, 88, 91–94, 97–101, 103–6, 108; Office for Civil Rights and Civil Liberties, 10; Office of Immigration Statistics, 49; ombudsman, 135; overview, 157–58; and Parole in Place, 31; policies and procedures, 150–51; prosecutorial discretion in, 1–2, 5–7, 9–13, 26–28, 48–53, 148–50, 169–70n2, 171n21, 172n25; recommendations regarding, 148–55; rule making, 152–54; statistics, 155; transparency of prosecutorial discretion in, 141–45; and U visas, 190–91n42
Hoover, Herbert, 35
Houston Office review policy, 100
Howard Memo (2005), 27–28, 163
Humanitarian factors, ix, 8, 26, 47, 177n78; and ABA testimony, 93; and DACA program, 57, 146; and Deferred Enforcement Departure, 29; in Eighth Circuit decisions, 19–20; and Extended Voluntary Departure, 28–29; Form G-312, 187n8; in granted deferred action cases, 63–66, 77–81, 78f, 99, 136, 138, 193–94n84; in Meissner Memo, 24, 25, 112; in Morton Memo I, 96–97, 117, 122, 153; in Ninth Circuit decision, 21; and NTAs, 143; and Obama administration, 90, 93, 156, 206n96; and parole, 29–31; in Priorities Memo, 94, 95; recommendations for DHS policy, 148, 151–52; in Williams Memo, 27
Human Rights Watch, 181n23
Human trafficking. See Victims of human trafficking
Hungary, 30
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA), 26, 175n57, 176n61
Illinois Coalition for Immigrant and Refugee Rights, 106
Immigration and Customs Enforcement (ICE): generally,157–158; deferred action in, 58, 61, 71, 74–85, 75t, 77–78f, 137–39; Enforcement and Removal Operations, 76, 158; Enforcement Case Tracking System, 158; FOIA requests to, 74–85, 134, 137–39; General Counsel Electronic Management System, 158; improvements at, 147–48; under Obama administration, 88–89, 94–103, 106; prosecutorial discretion in, 1–2, 7, 9–11, 27–28, 47–49, 51–52; recommendations regarding, 149; transparency in prosecutorial discretion at, 137–39, 143. See also specific memos
Immigration and Nationality Act of 1952 (INA): criminal law compared, 47, 50, 52, 181n23; defined, 158, 161; deportation under, 171n21, 221nn12–14; judicial review under, 111, 114–15, 121, 123–27, 133; major provisions of, 161; and marijuana convictions, 173n16; 1996 amendments, 22–26; and parole, 29–30; preclusion of review under, 123–27; prosecutorial discretion under, 10
Immigration and Naturalization Service (INS): deferred action in, ix–xii, 55–56, 63–65, 87; defined, 159; demise of, 26–28, 161; and judicial review, 112, 121; and 1996 INA amendments, 22–26; prosecutorial discretion in, 9, 13, 46–47; rule making, 153–54; Standard Operating Procedures, 21, 175n55; “Zero Tolerance Policy,” 140. See also Operations Instructions
Interrogation, 11, 33, 47, 48, 52
Jackson, Robert H., 36–37
Jacobs, Dennis, 132–33
Jamaica, 76
Judicial review of prosecutorial discretion, 5, 109–33; and absolute discretion, 110–11; advantages of, 128–29; agency actions “committed to agency discretion,” 117–23; arguments favoring, 111–13; authority for, 113–15; in BIA, 114, 116, 119–21, 126–27, 129, 131, 211–12n60; and DACA, 112–13, 119, 122–24, 130, 133; and deportation, 109, 114, 120–21, 124–27, 129, 132–33, 208n10, 209–10n32, 209n28, 214n86, 214–15n90; and DHS, 111–12, 115, 117, 120–22, 126, 128, 131–33, 213n81; disadvantages of, 129–30; and DOJ, 116, 119–20, 131–32; and EOIR, 116, 119, 121, 126, 210n34; importance of, 127–33; under INA, 111, 114–15, 121, 123–27, 133; and INS, 112, 121; and Meissner Memo, 111–12, 208n11; and Morton Memo I, 112–13, 117, 119, 122–23, 125–26, 130, 132, 207–8n9, 210n41, 211n57; of NTAs, 115, 124–26; overview, 109–11; preclusion of, 123–27; scope of, 115–17; standard of review, 115–16; and stay of removal, 104, 124; and USCIS, 122
Judiciary Act of 1789, 34
Justice Department (DOJ): Circular Letter No. 107, 174n31; and criminal law, 35, 37; and judicial review, 116, 119–20, 131–32; prosecutorial discretion in, 9, 13, 50; United States Attorneys, 35
Kandel, William, 191n46
Kennedy, Anthony, 42
Kennedy, John F., 30
Khatri, Prakash, 219–20n38
Kucana v. Holder (2010), 114–15, 209n31
Lawful permanent residents (LPRs), 52, 154; and DAPA program, 156; and deferred action cases, 64; and Morton Memo, 97, 153; and NTAs, 149; and Priorities Memo, 96; and VAWA, 59. See also Green cards
Legomsky, Stephen H., 128–29
Lennon v. INS (1975), ix–xi, 4, 14–19, 63, 162, 173nn16–17
Lofgren, Zoe, 99–100
Loughran, E. A., 17
Mariel boatlift, 179n111
Marshall, Thurgood, 118, 211n50
Martin, David A., 30–31, 129–30
Martinez, Sara, 109
McCarran-Walter Act. See Immigration and Nationality Act of 1952
McKee, Theodore A., 130–31
Medical factors, 28, 38, 63, 66, 68f, 69, 76, 193–94n84, 196n113. See also Humanitarian factors
Meissner Memo (2000): generally, 163; and deferred action, 56, 175n51; and judicial review, 111–12, 208n11; and Operations Instructions, 24; and prosecutorial discretion, 24–25, 27–28, 46–47, 169–70n2
Mens rea in Lennon case, 173n17
Mental condition as factor, 17, 28, 38, 63, 64, 66, 76, 196n113. See also Humanitarian factors
Migration Policy Institute (MPI), 73, 93, 199n27
Morawetz, Nancy, 186n114
Morton Memo I (June 2011), 96–102; generally, 56, 125–26, 164, 172n28, 200–201n39; critique of, 102–4; and DACA, 105–6; and judicial review, 112–13, 117, 119, 122–23, 130, 132, 207–8n9, 210n41, 211n57; reaction to, 102–4; recommendations regarding, 153; superseded, 156
Morton Memo II (June 2011): generally, 164, 201n46; and domestic violence, 201n46; and human trafficking, 201n46; and witnesses, 201n46
Morton Memo on Civil Immigration Enforcement (March 2011), 164
Morton Memo on Pending or Approved Applications or Petitions (2010), 164
Motomura, Hiroshi, 105
Myers, Julie, 28
Myers Memo (2007), 163
NAFSA (Association of International Educators), 93
Napolitano, Janet, 32, 57, 91, 100
National Commission on Law and Observance and Enforcement, 35–36
National Immigrant Youth Alliance, 94
Nationality, deferred action by, 69, 71t, 83, 83t
National Review Online, 91
National Security Act of 1947 (NSA), 122
Natural disaster victims, 8, 32, 56–57, 67. See also Humanitarian factors
Naturalization, cancellation of, 174n31
New York Immigration Coalition, 109
Nicholas v. INS (1979), 20–21, 87, 162, 175n49
9/11 terrorist attacks, 2–4, 9
Nonpriority status, 159. See also Deferred action
Notices to Appear (NTAs): generally, 159; cancellation of, 214n89; judicial review of, 115, 124–26; under Obama administration, 90, 101, 104; overview, 11–12; and prosecutorial discretion, 48–50, 49f; recommendations regarding, 148–50; statutory provision on (INA § 239), 161; regulatory provision on (8 C.F.R. § 239), 161; and transparency, 140–43; USCIS Memo, 164
Obama, Barack: DACA announcement by, 2; executive actions, 155–56; immigration policy of, 88–89, 197–98n1
Obama administration, prosecutorial discretion under, 4–5, 88–108; in CBP, 101; and deferred action, 90–93, 99, 104–5, 107; and deportation, 89–104, 107–8, 207n104; in DHS, 88, 91–94, 97–101, 103–6, 108; and domestic violence, 97–98; and human trafficking, 97–98; in ICE, 88–89, 94–103, 106; improvements in, 146–47; NTAs under, 90, 101, 104; reform attempts, 88–89, 207n104; statistics, 103; and terrorism, 94–95; in USCIS, 90–91, 101, 106. See also Deferred Action for Childhood Arrivals
Office for Civil Rights and Civil Liberties, 10
Office of Attorney General, 34
Office of Field Operations, 49
Office of Immigration Statistics, 49
Open government. See Transparency in prosecutorial discretion
Operations Instructions (OI): and deferred action, 55, 87, 175n49, 187–88n8; defined, 159; and deportation, 21–22; historical background, 17–18, 20–22, 162; and Meissner Memo, 24
O’Scannlain, Diarmuid, 132
Parole, 29–31
Parole in Place (PIP), 31, 105
Parole Memo (2013), 165
Penn State Law’s Center for Immigrants’ Rights, 93, 140, 142
Plea bargaining, 35, 42, 43, 50, 182–83n51
“Policies for Apprehension, Detention, and Removal of Undocumented Immigrants” (effective January 2015), 156
Political persecution. See Asylum
Politics, 8, 18; in criminal prosecutions, 38, 45; and DREAM Act, 89; and Lennon case, 15; and Obama administration, 147, 156
Priorities Memo (June 2010), 94–96, 200n35, 200n38
Professional code of conduct, recommendations regarding, 151
Pro se applicants, 138–39, 159
Prosecutorial discretion: ABA on, 92–93; absolute discretion, 110–11; during arrest, 11; categorical grants of, 28–32; in CBP, 7, 9–11, 27, 48–49; during charging process, 11, 48–50; and Constitution, 36; in current immigration structure, 9–13; defined, 159; during deportation, 11–13, 172n32; during detention, 11, 51–52, 185n100; in DHS, 1–2, 5–7, 9–13, 26–28, 48–53, 148–50, 169–70n2, 171n21, 172n25; discretionary points, 47–52; economic rationale, 8; and evolution of, 14–22; in ICE, 1–2, 7, 9–11, 27–28, 47–49, 51–52; under INA, 10; in INS, 9, 13, 46–47; during interrogation, 11; and 9/11, 4, 9; and NTAs, 48–50, 49f; and “overcriminalization,” 47; overview, 7–13; political rationale, 8; and State Department, 9; and terrorism, 4, 9, 94–95; during trial, 11; in USCIS, 7, 9–11, 27, 48–49; for victims of crime and abuse, 57–62; and voluntary departure, 50–51; and witnesses, 8, 44–45. See also Criminal law, prosecutorial discretion in; Deferred action; Humanitarian factors; Judicial review of prosecutorial discretion; Obama administration, prosecutorial discretion under; Recommendations regarding prosecutorial discretion; Transparency in prosecutorial discretion; specific memos
Public interest as basis for prosecutorial discretion, 36–38, 43–45
Raben, Robert, 23–24
Race discrimination, 30, 45, 150
REAL ID Act of 2005, 107, 176n61
Recommendations regarding prosecutorial discretion, 5, 146–56; abuse of process, 150–51; administrative review, 151; code of conduct, 151; deferred action, 152–55; deportation cases, 146–50; for DHS, 148–55; domestic violence cases, 153; during early stages, 148–50; human trafficking cases, 153; for ICE, 149; and Morton Memo I, 153; notice for noncitizens, 150–51; for NTAs, 148–50; overview, 146–48; policies and procedures, 150–51; rule making, 85–87, 152–54; stay of removal cases, 150; for USCIS, 149
Refugee Act of 1980, 30–31
Regulations, 161–62
Removal. See Deportation/removal
Reno v. American-Arab Anti-Discrimination Comm. (1999), 111–12, 124, 162, 208n10, 214n86
Repapering, 212n69
Right to counsel, 42, 53, 186n109
Roberts, Maurice, 170n5
Rodriguez, Cristina, 26
Rubio, Marco, 108
Rule making: and deferred action, 85–87; by DHS, 152–54; by INS, 153–54; recommendations regarding, 85–87, 152–54
Same-sex relationships, 101–2, 122
Schumer, Charles, 92
Senate Internal Security Subcommittee, ix–x, 15
Sentencing: lack of in immigration law, 51–52; mandatory minimum, 40, 41, 43, 52; prosecutorial discretion during, 42–43
Sessions, Jeff, 100
Sharry, Frank, 91
Sixth Amendment, 42, 53, 186n109
Soon Bok Yoon v. INS (1976), 18–19
Speedy trial, 186n109
State Department, visa issuance by, 9
Statistics on deferred action, 5, 63–85; by age, 64, 68f, 73f, 83–85, 84f; Center for American Progress report, 73–74; and DACA, 73f; by Field Office, 79–83, 80f, 82f, 196nn111–114; granted deferred action cases, 63–66, 70f; ICE cases, 74–79, 75t, 77–78f; by mental incompetency, 64; by nationality, 69, 71t, 83, 83t; negative factors, 64–65; positive factors in, 67–68, 68f; USCIS published information, 73; work authorization applications, 69–73, 72f. See also Humanitarian factors
Stay of removal: availability of, 195n107; and deferred action, 76–79, 190–91n42, 195n107, 196n111, 196n112; and judicial review, 104, 124; and prosecutorial discretion, 11; recommendations regarding, 150; and transparency, 138–39
“Steel Seizure Case” (1952), 206n97
Stemen, Don, 43–44
Suro, Robert, 89–90
Take Care Clause, 107, 161, 183–84n70
Torres, John P., 28
Transparency in prosecutorial discretion, 5, 134–45; at CBP, 140–41, 143; and DACA, 141–43; and deportation, 145; DHS improvements in, 141–45; and Due Process Clause, 144–45; efficiency of, 144; future trends, 141–45; at ICE, 137–39, 143; and NTAs, 140–43; and stay of removal, 138–39; at USCIS, 135–37, 141–44; values involved, 143–44
Truman, Harry, 206n97
Uganda, 29
United States Attorneys, 35
United States Attorneys’ Manual (USAM), 38–39, 40–41, 46
University of Texas Law Review, 107
University of Texas School of Law immigration clinic, 106
U.S. v. Armstrong (1996), 36, 162
USAM (United States Attorneys’ Manual), 38–39, 40–41, 46
USCIS. See Citizenship and Immigration Services
U visas, deferred action and, 60–62, 71, 190–91n42, 190n31, 191n43
Vera Institute for Justice, 39–40, 43–44
Vergel v. INS (1976), 19–20
Vermont Service Center, 59, 61
Victims of crime: deferred action for, 32, 57–62; prosecutorial discretion for, 57–62
Victims of domestic violence: generally, 4, 8; deferred action for, 32, 55, 58–59, 66; and deportation, 58–59; and Morton Memo II, 201n46; and Obama administration, 97–98; prosecutorial discretion for, 8, 58, 60; recommendations regarding, 153; relief from removal of, 97, 201n46
Victims of human trafficking: overview 32; deferred action for, 58, 60–62, 190n31; and deportation, 60–62; and Morton Memo II, 201n46; and Obama administration, 97–98; prosecutorial discretion for, 58; recommendations regarding, 153. See also Violence Against Women Act of 1994
Victims of natural disasters, 8, 32, 56–57, 67. See also Humanitarian factors
Victims of Trafficking and Violence Protection Act of 2000 (VTVPA), 60, 190n31
Vietnam, 29
Vincent Memo (2009), 163
Vincent Memo on Case-by-Case Review (November 2011), 164–65
Violence Against Women Act of 1994 (VAWA), 32, 58–62, 71, 189n22
Virtue, Paul, 175n55
Virtue Memo (“Cancellation of Operation Instructions”), 21
Virtue Memo (May 6, 1997), 59, 189nn22–23
Visa Waiver Program, 171n21
Vitter, David, 38
Voluntary departure, 50–51, 125
Wadhia, Shoba Sivaprasad, xi–xii, 222n26
Washburn, Kevin, 42
Webster v. Doe (1988), 122, 130
“White Sheets,” 17
Wickersham Commission, 35–36
Wildes, Leon, ix–xii, xf, 4, 14–17, 19f, 63–67, 98–99, 173n17
Williams Memo (January 2003), 27
Williams Memo (June 2002), 222n24
Windsor, U.S. v. (2013), 101
Witnesses: confrontation of, 186n109; and Morton Memo II, 201n46; and prosecutorial discretion, 8, 44–45
Work authorization, 29, 55, 62, 69–73, 72f, 93, 104, 141, 150, 153, 155, 194n91
Yates Memo: September 2003, 27; October 8, 2003, 61, 189n22; May 6, 2004, 189n22
Yoo, John C., 106–7, 206nn96–97
Youngstown Sheet & Tube Co. v. Sawyer (1952), 206n97
“Zero Tolerance Policy,” 140