Philadelphia Prosecutorial Discretion Lawyers

Turn to Henry & Grogan for Help Securing Relief from Removal

Prosecutorial discretion (PD) is a legal option that allows ICE, the agency responsible for immigration enforcement, to decide not to pursue a removal case, even when they have the legal authority to do so. 

If a request is successful, ICE may agree to administratively close your case, defer action against you, or simply choose not to move forward with removal proceedings. This does not mean your immigration situation is resolved permanently; prosecutorial discretion does not grant legal immigration status, and it does not allow you to travel internationally. However, it can pause or stop the process and give you time and stability while your situation is addressed.

Under the Biden administration, ICE was directed to focus enforcement on people with serious criminal histories or prior removal orders, which made PD requests more likely to succeed for others. In January 2025, the Trump administration reversed those priorities. Enforcement now extends to essentially anyone who is undocumented, regardless of criminal history. As a result, the bar for what ICE considers a low-priority case is significantly higher than it was before.

PD is still legally available. Requests are handled on a case-by-case basis through ICE's Office of the Principal Legal Advisor (OPLA). The strength of your request will depend heavily on the specific facts of your case, from your ties to the community to your family circumstances, length of time in the U.S., and other factors. 

At Henry & Grogan, we represent clients in Philadelphia and southeast Pennsylvania facing removal proceedings. We know how to evaluate whether prosecutorial discretion is a realistic option for your situation, how to build the strongest possible request, and what alternatives may be available if PD is not the right path. We offer free initial consultations so you can understand your options before making any decisions.

If a Notice to Appear (NTA) has been filed or removal proceedings are already underway, don’t wait. Call us at (215) 568-1500 or contact us online to schedule your free consultation.

What Factors Favor Your Case

ICE considers the totality of the circumstances when deciding whether to exercise discretion. No single factor eliminates PD as an option, but the weight of positive factors matters, and how those factors are documented and presented to OPLA can make a real difference. 

Factors that may work in your favor include:

• Living in the U.S. for many years
• Arriving in the U.S. as a child
• Having children, a spouse, or other close family in the U.S.
• Having family members who are U.S. citizens or lawful permanent residents
• Service by you or a family member in the U.S. military
• Being under 18 or elderly
• Being pregnant or nursing
• Being seriously ill, having a serious mental or physical disability, or serving as the primary caregiver for someone who is ill or has a serious physical or mental disability

Factors that may negatively impact your chances for obtaining prosecutorial discretion include:

• A criminal history, including prior arrests, convictions, or outstanding warrants
• Serious immigration violations or prior removal
• Conduct that suggests a threat to public safety, which could include multiple drunk-driving arrests or a drug-related violent crime
• Ties to a terrorist organization or other conduct suggesting a national security risk

Negative factors won't automatically keep you from benefiting from PD. An experienced attorney, such as ours at Henry & Grogan can contextualize those issues, document the positive factors thoroughly, and present a complete picture of your situation to the OPLA officer reviewing your case. Partner Devin Grogan has personally attended hundreds of USCIS interviews on behalf of clients and brings direct familiarity with how government reviewers evaluate noncitizens. That preparation carries over into how we approach PD requests and removal proceedings broadly.

What Are Your Options Beyond Prosecutorial Discretion?

PD is one tool among many that can halt deportation. If PD is denied or unavailable in your situation, that’s not the end of the road. 

Depending on the facts of your case, other removal proceedings defense options may include: 

• Cancellation of removal
• Adjustment of status
• Asylum
• Waivers of inadmissibility

Our attorneys can evaluate which path may offer a strong basis for seeking to remain in the U.S.

Evaluate Your Options in a Free Consultation at Henry & Grogan

Prosecutorial discretion isn’t the best option for every noncitizen, and the current enforcement environment makes case-by-case analysis more critical than it’s ever been. Our attorneys can review your situation, explain how current immigration enforcement priorities affect your case, and identify the defense strategy that may support your goals for remaining in the U.S. We represent clients before immigration courts and USCIS offices across the country and provide effective representation at affordable rates. Cost shouldn’t stand between you and qualified legal help.

Contact us online to schedule a free consultation. You can also reach us directly at (215) 568-1500.

Not sure where to start? Your first conversation with us costs nothing.

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