The Change In Immigration Policy Was An Exercise Of Prosecutorial DiscretionDHS Exercised Prosecutorial Discretion To Allow Young Immigrants To Remain In The U.S. DHS Secretary Janet Napolitano authored and signed the memorandum that dictated the new policy changes to immigration enforcement.
Exercising Prosecutorial Discretion Is Different From Issuing An Executive Order
Following the Obama administration's announcement that it will grant certain undocumented immigrants the chance to be exempted from deportation, Fox News claimed President Obama had issued the decision as an executive order, implying he did so to circumvent Congress. In fact, the change is an exercise of prosecutorial discretion that is consistent with the current law and has decades of precedent.
Policy Change Will Allow Eligible Undocumented Immigrants To Remain In The U.S. And Legally Work
Department Of Homeland Security Issued Policy Change Affecting Some 800,000 Young Undocumented Immigrants. From a press release by Department of Homeland Security Secretary Janet Napolitano:
Secretary of Homeland Security Janet Napolitano today announced that effective immediately, certain young people who were brought to the United States as young children,do not present a risk to national security or public safety, and meet several key criteria will be considered for relief from removalfrom the country or from entering into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization.
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Under this directive, individuals who demonstrate that they meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case by case basis:
1. Came to the United States under the age of sixteen;
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