Abstract

http://ssrn.com/abstract=1891883
 


 



The Morton Memo and Prosecutorial Discretion: An Overview


Shoba Sivaprasad Wadhia


Penn State Law

July 20, 2011

Immigration Policy Center, July 2011
The Pennsylvania State University Legal Studies Research Paper No. 17-2011

Abstract:     
On June 17, 2011, Immigration and Customs Enforcement (ICE) Director John Morton issued two significant memoranda on the use of prosecutorial discretion in immigration matters. Prosecutorial discretion refers to the agency’s authority to not enforce immigration laws against certain individuals and groups. The primary memo (the Morton Memo on Prosecutorial Discretion) calls on ICE attorneys and employees to refrain from pursuing noncitizens with close family, educational, military, or other ties in the U.S. and instead spend the agency’s limited resources on persons who pose a serious threat to public safety or national security. Morton’s second memo focuses on exercising discretion in cases involving victims, witnesses to crimes, and plaintiffs in good faith civil rights lawsuits. The memo instructs “[a]bsent special circumstances or aggravating factors, it is against ICE policy to initiate removal proceedings against an individual known to be the immediate victim or witness to a crime.”

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Date posted: July 22, 2011 ; Last revised: August 5, 2011

Suggested Citation

Wadhia, Shoba Sivaprasad, The Morton Memo and Prosecutorial Discretion: An Overview (July 20, 2011). Immigration Policy Center, July 2011; The Pennsylvania State University Legal Studies Research Paper No. 17-2011. Available at SSRN: http://ssrn.com/abstract=1891883

Contact Information

Shoba Sivaprasad Wadhia (Contact Author)
Penn State Law ( email )
329 Innovation Boulevard
State College, PA 16803
United States
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