Alicia Szyffer Immigration Law Blog on Lawyers.com

On August 18, 2011, in a letter to Assistant Majority Leader Dick Durbin (D-IL) and 21 other Senators, Department of Homeland Security (DHS) Secretary Janet Napolitano announced a new policy that will institute a case-by-case review of approximately 300,000 cases currently in removal proceedings and ascertain which ones are low priority and can be administratively closed pursuant to the favorable exercise of prosecutorial discretion. In addition, there will be a review of cases that are at the various stages of enforcement proceedings, from initiation of removal proceedings to final orders of removal.

As a result of this new policy, it is expected that the courts’ backlogs will diminish and that the Immigration Judges will be able to more rapidly render decisions on high priority cases, such as those involving criminals. This will also provide for federal resources to be focused on homeland security and the removal of public safety threats. Those who may benefit from this favorable exercise of discretion may also be able to obtain work authorization.

According to Senator Durbin, the new policy will proceed as follows:

“Under the new process, a DHS and Department of Justice (DOJ) working group will develop specific criteria to identify low-priority removal cases that should be considered for prosecutorial discretion. These criteria will be based on “positive factors” which include individuals present in the U.S. since childhood (like DREAM Act students), minors, the elderly, pregnant and nursing women, victims of serious crimes, veterans and members of the armed services, and individuals with serious disabilities or health problems. The working group will develop a process for reviewing cases pending before immigration and federal courts that meet these specific criteria. On a regular basis ICE attorneys will individually review every case scheduled for a hearing within the next 1-2 months to identify those cases that meet these specific criteria. These cases will be closed except in extraordinary circumstances, in which case the reviewing attorney must receive the approval of a supervisor to move forward. DHS will also begin reviewing all 300,000 pending cases to identify those that meet these specific criteria. These cases will be closed except in extraordinary circumstances, in which case the reviewing attorney must receive the approval of a supervisor to move forward. Individuals whose cases are closed will be able to apply for certain immigration benefits, including work authorization. All applications for benefits will be reviewed on a case-by-case basis.”

This is an extremely positive development in the field of immigration. It not only makes sense in terms of relieving the pressure on an overstretched immigration court system, but also in terms of the judicious expenditure of government resources to remove those individuals who are dangerous to our communities and not those immigrants who contribute so much to this country.

At Garganigo, Goldsmith & Weiss you will find experienced NY immigration attorneys to represent your case. Call us today at (888) 321-9071