U.S. Immigration and Customs Enforcement (ICE) policy to actively reduce the immigration backlog by dismissing cases that are non-priority is seen as a positive for most affected individuals. However, immigration attorneys see that some individuals may be negatively affected and without a pathway to citizenship.

The new guidelines for ICE to dismiss non-priority cases go into effect on April 25, 2022. At that time, ICE attorneys will focus solely on high-priority cases where undocumented individuals pose a threat to public safety, border security, or national security. Guidelines to use to determine who is considered a threat is not clear. In general, attorneys have been told to consider the whole person, not a specific act, and to consider mitigating factors. The discretion of the ICE attorney will determine which cases are dismissed.

The backlog of immigration cases is roughly 1.7 million cases. In the last six years, the backlog has more than tripled. Exacerbated by the COVID-19 pandemic, the problem has been magnified. Fundamentally, there are issues with the U.S. immigration system. Advocates and lawyers have long stated the entire U.S. immigration system needs an overhaul. In addition, a large influx of asylum-seekers is expected when the Biden administration repeals a pandemic-related border restriction known as Title 42. That rule is expected to end on May 23, 2022.

The impact on individuals whose cases are dismissed is concerning immigration attorneys. While concern over removal from the U.S. is removed, dismissing their case also removes any benefits received by their pending status. Qualifying immigrants are allowed to live and work temporarily in the U.S. while awaiting their cases to be reviewed. If cases are dismissed without relief, these individuals may not be given the right to live and work in the U.S. As such, these individuals may be put in a limbo situation where they no longer have a legal pathway to pursue the right to live and work in the U.S. The loss of work authorization may have a big impact on the individual and their family.

The hope is that when ICE attorneys dismiss cases, they will provide some option for the immigrants affected to remain in the U.S. If relief is granted, these cases will be given some option to pursue their immigration process. And, by reducing the backlog, immigration judges and courts will have time to hear new claims. As such, eligible immigrants’ cases will be heard more quickly, either granting asylum or moving forward with the removal.

The dismissal of non-priority cases better utilizes the limited resources available to review the most critical cases. In addition, undocumented individuals trying to enter the U.S. are included in the priority cases. As such, the backlog growth may be reduced from the start.

If you have any questions about your immigration status or case, contact us at ILBSG. We work with you to ensure you get the right advice for your specific situation.

Immigration backlog