The Biden administration is proposing to make immigration judges’ authority to pause qualifying removal cases a permanent policy. This authority, known as administrative closure, is not explicitly stated in regulations, but the Biden proposal would make it explicit. The proposal would also give immigration judges the authority to close deportation matters altogether as well.
The proposal includes a list of circumstances that immigration judges may consider when deciding whether to grant a request for administrative closure or case termination. A referral list is included in the proposal and includes whether the individual has an open matter with USCIS.
The proposal also states that immigration judges should have the authority to terminate proceedings as they deem fit. Again, a list of circumstances judges can refer to is included solely as a point of reference.
Immigration judges have long used administrative closure to help manage their caseloads. For example, a case may be administratively closed if the individual has a pending application with USCIS. This gives USCIS time to adjudicate the application, and the individual may be granted a qualifying status that allows them to remain in the United States. If the removal proceedings were to continue, the individual could be deported even if they are eligible for legal status.
The Trump administration made significant changes to immigration courts and the Board of Immigration Appeals (BIA) in its final weeks in office. These changes included limiting immigration judges’ ability to dismiss or reopen cases and enacting strict filing deadlines. The Trump administration also eliminated the BIA’s authority to hear cases at their discretion. These policies were designed to expedite the deportation process.
The Biden administration’s proposal would reverse many of the Trump administration’s changes. The proposal is currently being reviewed by the Department of Justice, and the public is invited to comment on it.
We continue to monitor ongoing proposals and policy updates. We work with our clients in their specific situations to ensure they get the right advice and are with them every step of the way.