Discretionary Enforcement

Definition

The legal principle that government officials — especially in law enforcement and immigration — often have broad authority to decide how, when, and against whom to apply the law, and courts generally cannot second-guess those judgment calls.

Examples

• •The government argues that how CBP officers manage the queue of people at a port of entry is a discretionary enforcement decision that courts cannot review, even if the result is that fewer asylum seekers are processed.

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