Critics of Obama’s recent executive order on immigration legitimately worry that accepting its legality leads to unlimited presidential discretion over federal law enforcement. I think this concern is ...

When a Mount Dora Police officer decided to drive a bleary-eyed assistant state attorney home instead of arresting him for a DUI, “officer discretion” was invoked. Many of the situations law ...

Much like a baseball umpire, law enforcement officers have a set of rules to guide their decisions. But in reality, gray areas arise — and without the advantages of instant replay. In some misdemeanor ...

The Biden administration wants immigration authorities to focus on threats to public safety, but a lower court said its guidelines went too far.... A fight over how to enforce immigration laws reaches ...

Prosecutorial discretion is a little-known but highly valuable tool for dealing with immigration cases. It allows immigration agency lawyers to focus their resources on cases actually worth ...

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This is The Marshall Project’s new Closing Argument newsletter, a weekly deep dive into a key criminal justice issue from reporter Jamiles Lartey. Want this delivered to your inbox? Subscribe to ...

The Pro-Life Movement and the Georgia Supreme Court Races Jill Lepore’s Untrustworthy (but Pulitzer-Worthy!) History This Day in Liberal Judicial Activism—May 5 This Day in Liberal Judicial ...

Law enforcement leaders had some choice words for recent prosecutors’ policies at a state Senate hearing Thursday. “Absurd,” “a slap in the face,” “a mistake,” “frustrating” — to name a few. The ...

The U.S. Supreme Court will hear arguments Tuesday in a long-running dispute over how to enforce the nation's immigration laws. President Biden's administration wants to set guidelines for whom ...