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Who Exercises Prosecutorial Discretion in Immigration matters?
Immigratoin Customs Enforcement (ICE), US Citizens and Immigration Services (USCIS), and Customs Border Patrol (CBP) officers have the authority to exercise prosecutorial discretion. Because prosecutorial discretion is a process that determines whether the government is going to pursue enforcement in a case, the initial decisions are made by those immigration officers assigned to the case. Once the initial decision is made to issue a Notice to Appear, discretion must be made by higher levels at ICE or Department of Homeland Security (DHS).