What effect will the new immigration policy have on removal cases?

September 12, 2011, by

The Obama Administration announced a policy to review over 300,000 removal cases to determine which meet low priority criteria for the exercise of prosecutorial discretion and administrative closure.

The Administration also announced that those individuals whose cases are administratively closed will be eligible for work authorization. A committee is being formed to review these removal cases as well as cases with final orders of removal. Many cases reviewed by the committee will undoubtedly lack useful information to qualify them for administrative closure.

Considering the sheer number of cases, it is anticipated that the committee will soon issue policy guidelines as to the handling of motions for administrative closure. As a result, it will be incumbent upon immigration practitioners to demonstrate to the U.S. government that certain cases merit administrative closure. The criteria for administrative closure will include criterion such as good moral character, lack of criminal history, age, family ties, military ties, community ties, length of time in the U.S., and other equities.

There will be many cases where the strength of some positive factors may be useful in outweighing negative factors in order to establish eligibility for administrative closure. Immigration attorneys will have to convince the Department of Homeland Security to favorably exercise prosecutorial discretion in agreeing to administratively close many cases.

Please contact Revilla Law Firm, P.A., at (305) 858-2323 to discuss how this new policy may affect you.


About Revilla Law Firm, P.A.
Antonio Revilla is a Former U.S. Immigration Prosecutor and Miami Immigration Lawyer. Mr. Revilla founded his immigration law practice, Revilla Law Firm, when he saw a dire need for aggressive immigration representation and deportation defense in order to keep families united.

Mr. Revilla has over 18 years of litigation experience and has dedicated his career to educating the public on the importance of immigration reform in our country. He has appeared on television to discuss various immigration issues and the benefits of passing bills such as the DREAM Act.

If you wish to receive more information about any immigration issue, you can contact Revilla Law Firm at 305-858-2323 to speak with Antonio Revilla. He can also be reached via email at arevilla@immigrationmiami.com or by phone (305) 858-2323.