Discretion at issue in deportation decisions

To her lawyer, Quintanilla had a strong case: She came to the country legally in 2004, has no criminal record, and is related to a US citizen.

But in recent weeks US Immigration and Customs Enforcement denied Quintanilla’s request and a string of others here and nationwide, generating protests that the agency is betraying its pledge to set lesser cases aside and focus on criminals, national security threats, and other serious violators.

“I thought they would forgive me,’’ Quintanilla said, sitting on a couch next to her young daughter at their East Boston apartment. “I didn’t think six days late was a criminal case.’’

Immigration spokesman Ross Feinstein would not comment on assertions that local agents are not following the memo, which agency director John Morton issued in June amid criticism that the government was deporting many immigrants with no criminal records.

“ICE is focused on smart, effective immigration enforcement that prioritizes the removal of criminal aliens, recent border crossers, and egregious immigration law violators, such as those who have been previously removed from the United States,’’ Feinstein said in a statement. “The agency exercises prosecutorial discretion, on a case by case basis, as necessary to focus resources on these priorities.’’

Agency officials said they do not keep statistics on the use of prosecutorial discretion, partly because it can occur at various stages in an immigrant’s case, from an encounter with an immigration agent on the street to a formal letter from an agency attorney. Immigrants who stay may apply for a work permit but are not authorized to stay permanently and could be placed in deportation proceedings again at any time.