New York City Immigration Attorney Daniel Fisher Comments on the Obama Administration’s Increased Use of Prosecutorial Discretion in Immigration Cases

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New York City Immigration Attorney Daniel Fisher comments on a recent WNYC.org article on prosecutorial discretion. The article discusses the Obama Administration’s decision to increase the use of this, and close deportation cases against those who do not pose a criminal threat.

For those concerned that prosecutorial discretion rewards illegal behavior, I would argue that it offers no chance of Permanent Residency or citizenship.

A recent article on WNYC.org (http://www.wnyc.org/articles/wnyc-news/2012/nov/26/nyc-lags-granting-relief-some-illegal-immigrants/) discusses the increased use of prosecutorial discretion by the Obama administration. This means that Immigration and Customs Enforcement are increasingly closing deportation cases on illegal immigrants who do not pose a criminal threat. This leave more resources available to deport those who are committing crimes.

Daniel Fisher, of New York City Immigration Law Firm Fisher & Frommer, comments on the article:

“Prosecutorial Discretion has always been available, but the Obama Administration pushed for an increase in its use. Since the announcement, it has brought out strong feelings both for and against with some claiming that it rewards illegal behavior and others embracing it and seeing it as bringing hope to millions in this country without status. The reality of it is Prosecutorial Discretion appears to have been over sold to the public. Our office has noticed that it is sparingly used in most courts.

In our opinion, government attorneys should have the ability to decide which cases they will prosecute. For those concerned that it rewards illegal bahavior, I would argue that Prosecutorial Discretion offers no chance of Permanent Residency or citizenship. It simply allows the government to make a decision to close a case in the Immigration Court based on numerous factors such as lack of criminal record, years in the US, family in the US, medical history, etc.”

New York City Immigration Law Firm Fisher & Frommer, PLLC are able to assist in many areas of immigration law, such as visas, visa renewals, deportation, and green cards.

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