If you are not eligible for immigration relief and/or have a final removal order, you may request a stay of removal or request “Prosecutorial Discretion” (PD) from Immigration and Customs Enforcement (ICE). This means that ICE can decide how and when they will enforce the law in a particular case.
Please keep in mind that under the current administration, ICE has all but halted the practice of granting prosecutorial discretion.
You might be eligible for PD if you:
- Have no negative immigration history; have never been deported or detained.
- Have been a resident of the U.S. for a long time, especially since you were a child.
- Have no history of violent crime or felony convictions.
- Are pregnant or nursing.
- Have children or a spouse who are U.S. citizens.
- Are pursuing higher education.
- Have served in the military.
- Have a serious health condition.
- Are a caregiver of someone who is disabled or seriously sick.
- Are a minor or are elderly.
- Have strong ties to the United States, including your role in your community.
Gathering public support around an individual case can raise awareness and can even help stop deportations in some cases.
None of the information in this resource should be considered legal advice. Please speak to an immigration attorney or Board of Immigration Appeals (BIA) accredited representative about your particular case.