President Biden announced a set of proposed changes to the U.S. immigration system with a comprehensive bill that changes the immigration landscape for many, notably foreign nationals who hold Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS), STEM graduates, and those facing removal and deportation proceedings. The comprehensive bill also provides sweeping changes to the immigration process for undocumented immigrants providing for a clear path to immigration, changes to the employment-based and family-based immigration programs and offers a streamlined process for STEM graduates as well to obtain permanent residency. Notably however, the bill also proposes granting immigration judges greater discretionary power after having their powers limited in recent years including the power to potentially review cases and grant relief such as relief from deportation.

The theme of this bill revolves around sweeping changes in the legal immigration landscape. Immigration judges under this proposed bill would have the discretion to review cases and grant relief, who in recent years have had troubles regarding deportation relief. Since 1996 and the passing of the Illegal Immigration Reform and Immigrant Responsibility Act, immigration judges have seen their powers diminish significantly. Before 1996, an immigration judge had the discretionary power to consider humanitarian considerations and extrinsic elements to provide deportation relief for immigrants with issues such as criminal convictions. Since then, the powers of an immigration judge, have effectively been curtailed to allow for more stricter interpretations of law and thus, making the immigration path for individuals harder in the United States.

National Association of Immigration Judges President Emeritus, Dana Leigh Marks, provided that if this bill is passed, judges would be given greater discretion. Expanded authority would allow for a more tailored review of each individual’s case. Marks explained that the current system forces immigration judges to look at an immigrant’s overall circumstances inclining judges to give the “death penalty in a traffic court setting.” Should this bill be successful, immigration judges would then be able to provide a more detailed review and thus, use their discretionary powers to grant relief to deserving individuals.

We will continue to monitor this proposed bill. As we continue to learn more about it and the status of its ratification, we will review and provide updates to our dedicated readers and clients. If you are in need of assistance with your immigration case, please contact our talented and knowledgeable staff at International Legal and Business Services Group, LLP.

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