The Oklahoma Bar Journal October 2025

Be aware that individual hearings may be scheduled months or years in advance due to court backlogs. Maintain regular communication with your client during this period to keep them informed and engaged.

have been abused, abandoned or neglected by one or both parents. U visas. For victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement. T visas. For victims of human trafficking. How To Request Prosecutorial Discretion Attorneys can request prosecu torial discretion on behalf of their clients by: corresponding Office of the Principal Legal Advisor (OPLA) outlining the fac tors that warrant discretion equities: Presenting com pelling humanitarian factors, such as long-term residence in the U.S., family ties, employment history, community involvement or severe medical conditions Demonstrating low enforce ment priority: Arguing the client does not fall within Highlighting positive Submitting a formal request: Emailing the

Administrative closure: Temporarily halting pro ceedings without a final decision, which can be reopened at a later date Stipulations to relief: Agreeing to certain forms of relief or not contest ing applications for relief sought by the respondent Prosecutorial discretion is especially important given the limited resources of immigration courts and enforcement agencies. It allows DHS to prioritize cases that align with current enforce ment priorities, such as those involving national security, public safety or border security concerns. It also allows for respondents with the following relief the oppor tunity for U.S. Citizenship and Immigration Services (USCIS) to adjudicate their applications prior to an immigration judge making a removability finding. Special Forms of Relief for Vulnerable Populations Special immigrant juvenile status (SIJS). For minors who

residents without leaving the United States through adjustment of status. This typically involves having an approved visa petition and being admissible to the U.S. Voluntary Departure This permits the respondent to leave the U.S. voluntarily by a specific date, avoiding a formal removal order, which can have less severe immigration consequences. PROSECUTORIAL DISCRETION Prosecutorial discretion refers to the authority of DHS and its immigration enforcement agencies to decide whether to enforce or not enforce immigration laws against a person or group of people. This discretion can be exercised at any stage of the immigration enforce ment process and can result in various outcomes, such as:

Termination of proceed

ings: The government attor ney may move to dismiss the case, effectively end ing removal proceedings against the respondent

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL