The Biden administration reinstated immigration judges’ ability to end removal proceedings at their discretion. The administration is also creating a new policy. Immigration courts can now terminate removal matters where they feel it is legally appropriate to do so.

The U.S. Department of Justice is working on a new rule that will apply to immigration courts’ ability to enact some type of relief. Among the options under consideration is the ability to terminate removal matters. While the new policy is being developed, U.S. Attorney General Garland found that the previous administration’s policy should be vacated. The Trump administration originally limited immigration courts’ authority to offer relief.

The new rule aims to gather input, facts, and analysis to ensure the updated policy reflects the perspective and needs of all involved. Prior to the 2018 Trump administration adjustment, immigration courts could terminate removal proceedings for individuals who received the legal permanent resident status after the removal case began. In addition, individuals with options to remain in compliance by applying for some other eligibility to remain in the U.S. legally also saw their removal cases ended by immigration courts.

If you have questions about a removal matter or any other immigration-related issue, please contact us. We actively monitor ongoing updates to U.S. immigration policy to ensure our clients get the right advice based on the current policies of the federal government.