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'Immigration and Nationality Law Review' invites Professor Wadhia to discuss book, immigration law

UNIVERSITY PARK, Pa. – The Immigration and Nationality Law Review has invited Penn State Law professor Shoba Sivaprasad Wadhia to speak at the University of Cincinnati College of Law next week on Texas v. United States and her book Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases. Her talk is scheduled for 12:15 p.m. on Nov. 10 in UC College of Law room 114.

In Texas v. United States, 26 states filed a lawsuit challenging President Barack Obama’s executive actions on immigration, Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). The Obama administration contends that deferred action is permitted as a form of prosecutorial discretion, arguing that the United States has “neither the resources, the capability, nor the motivation to uproot and deport millions of unauthorized aliens.”

Beyond Deportation​, published by New York University Press, is the first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law. It provides a rich history of the role of prosecutorial discretion in the immigration system and unveils the powerful role it plays in protecting individuals from deportation and saving the government resources. Wadhia draws on her years of experience as an immigration attorney, policy leader, and law professor to advocate for a bolder standard on prosecutorial discretion, greater mechanisms for accountability when such standards are ignored, improved transparency about the cases involving prosecutorial discretion, and recognition of “deferred action” in the law as a formal benefit.

Wadhia, Samuel Weiss Faculty Scholar and director of the Center for Immigrants’ Rights Clinic at Penn State Law, is an expert on immigration law and one of the nation’s leading scholars on the role of prosecutorial discretion in immigration law. Her scholarship in this area has served as a foundation for scholars, advocates, and government officials seeking to understand or design a strong prosecutorial discretion policy. Her work identifies the historical role of prosecutorial discretion in immigration law, the extent to which some acts of discretion operate as a benefit, and the dynamic role and need for transparency, sound procedures, and accountability.

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