Aliens may be removed if they were inadmissible at the time of entry. have been convicted of certain crimes. or meet other criteria set by federal law. Removal is a civil. not criminal. matter. A rincipal feature of the removal system is the broad discretion exercised by immigration officials. Federal officials. as an initial matter. must decide whether it makes sense to pursue removal at all. If removal proceedings commence. aliens may seek asylum and other discretionary relief allowing them to remain in the country or at least to leave without formal removal." (emphasis added) (citations omitted). The Courts decision in Arizona v. United States. also strongly suggests that the executive branchs discretion in matters of deportation may be exercised on an individual basis. or it may be used to protect entire classes of individuals such as "[u]nauthorized workers trying to support their families" or immigrants who originate from countries torn apart by internal conflicts: "Discretion in the enforcement of immigration law embraces immediate human concerns. Unauthorized workers trying to support their families. for example. likely pose less danger than alien smugglers or aliens who commit a serious crime. The equities of an individual case may turn on many factors. including whether the alien has children born in the United States. long ties to the community. or a record of distinguished military service.
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immigrants immigration seek asylum deportation