The Biden administration is proposing making immigration judges’ authority to pause qualifying removal cases a permanent policy. Referred to as administrative closure, the authority is not explicitly stated in regulations. The Biden proposal goes a step further, suggesting judges gain the authority to close deportation matters as well.

The proposal includes a list of circumstances that immigration judges may refer to while considering a request for relief. Included in the list is why administrative closure is requested and if the individual may be eligible for immigration relief with USCIS. For case termination, specific instances are also noted, however, the Department of Justice claims immigration judges should have the authority to terminate proceedings as they deem fit, whether explicitly stated in regulations or not.

Immigration judges have long used administrative closure to help manage caseloads. As an example, cases where noncitizens have a pending application with U.S. Citizenship and Immigration Services may be paused. This gives USCIS time to complete adjudication. The individual may receive a qualifying status to remain in the U.S. If the removal proceedings continued, the individual may be forced to leave the U.S. although eligible for legal status.

During the Trump administration’s final weeks in January 2021, broad changes were made to immigration courts and the Board of Immigration Appeals (BIA). The updates focused on expediting the deportation process, including limiting immigration judges’ ability to dismiss or reopen cases. Strict filing deadlines were also enacted. The authority of the BIA to hear cases at their discretion was also eliminated by the Trump administration. The Trump administration stated the policies would help ease the backlog in immigration courts.

The Trump policies were quickly challenged. In March 2021, only two months after the policies were set, a federal judge barred enforcement of the Trump policies.

The Department of Justice is requesting public comment on the proposal.

ILBSG continues to monitor ongoing proposals and policy updates. We work with our clients in their specific situations to ensure they get the right advice. Contact us if you have questions on any immigration-related issue.

Administrative closure Deportation Removal Proceedings