Factors to Consider When Exercising Prosecutorial Discretion
When weighing whether an exercise of prosecutorial discretion may be warranted for a given
. alien, ICE officers, agents , and attorneys should consider all relevant factors, including, but not
limited to*
...
• the circumstances of the person's arrival in the United States and the manner of his or her
entry,particularly if the alien came to the United States as a young child;
• the person's pursuit of education in the United States, with particular consideration given
to those who have graduated from a U.S. high school or have successfully pursued or are
pursuing a college or advanced degrees at a legitimate institution of higher education in
the United States;
• whether the person, or the person's immediate relative,has served in the U.S. military,
reserves, or national guard, with particular consideration given to those who served in
combat;