Memorandum discussing INS Exercise of Prosecutorial Discretion [pdf]

This memorandum sets out the legal basis upon which, the Immigration and Naturalization (INS) may exercise prosecutorial discretion in its enforcement activities, including placing aliens in removal proceedings by serving them with Notices to Appear (NTAs). The structure of this memorandum is a series of questions and answers about prosecutorial discretion and the application of the doctrine in INS operations.