Beyond Deportation: Understanding Immigration Prosecutorial Discretion and United States v. Texas

36 Immigration and Nationality Law Review 94

Penn State Law Research Paper No. 20-2016

35 Pages Posted: 14 Aug 2016 Last revised: 16 Nov 2016

See all articles by Shoba Sivaprasad Wadhia

Shoba Sivaprasad Wadhia

The Pennsylvania State University (University Park) – Penn State Law

Date Written: July 5, 2016

Abstract

In this article, I place the Supreme Court case of United States v. Texas into a broader context by describing the history and legal authority for prosecutorial discretion in immigration law and highlighting the contents and recommendations in my book, Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases. Part I of this article offers a primer on the role of prosecutorial discretion in immigration law and also describes two related programs announced by President Obama on November 20, 2014 and the subject of litigation for nearly two years as of this writing. Part II provides a history and analysis of United States v. Texas, a lawsuit originally brought by the state of Texas and twenty-five other states and decided on June 23, 2016. This section offers highlights from the oral arguments held at the U.S. Supreme Court and my position on the winning arguments. Part III raises normative questions about the implementation, legitimacy, and continued enforcement of immigration law against “priorities” identified by the government. Part IV discusses my book Beyond Deportation, which includes a history about discretion, my efforts to obtain data about the individuals who receive discretion and recommendations moving forward.

Suggested Citation

Wadhia, Shoba Sivaprasad, Beyond Deportation: Understanding Immigration Prosecutorial Discretion and United States v. Texas (July 5, 2016). 36 Immigration and Nationality Law Review 94; Penn State Law Research Paper No. 20-2016 . Available at SSRN: https://ssrn.com/abstract=2821839

Shoba Sivaprasad Wadhia (Contact Author)

The Pennsylvania State University (University Park) – Penn State Law ( email )

Lewis Katz Building
University Park, PA 16802
United States

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