Prosecutorial discretion

The Secretary shall prioritize the exercise of discretion in any instance in which the parent of a child is subject to an immigration enforcement action by considering the best interests of the child in decisions, including— (1) whether to prosecute the individual for 1 or more immigration violations; (2) whether to transfer the individual to another detention facility that is farther away from the place of habitual residence of the child; (3) whether to release the individual so the individual may continue to care for the child; and (4) whether to consider alternatives to the detention or release of the individual.