Prosecutorial Discretion and ICE

A series of memos (King, Trasvina, Pekoske, and Johnson) have been issued within DHS, ICE, and EOIR which all point to DHS' ability to exercise its discretion just as a criminal prosecutor would do at a district attorney's office.  There's nothing new here except now DHS is being pushed to return to how it behaved during the Obama terms.  Also, some of the DHS' priorities are more refined which means that any given foreign national is more likely to obtain some form of relief either through affirmative action or even by ICE reviewing cases sua sponte.  Possible relief includes dismissal of cases, joint motions, stipulation to eligibility for relief, agreement not to appeal, rescission of notices to appear, and many more.  It remains to be seen if ICE will offer deferred action as a form of PD.