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The Return of Reopened Deportation Cases: What You Need to Know

The U.S. immigration landscape is undergoing significant changes under the current administration. Every day we get new bad news. Immigration and Customs Enforcement (ICE) prosecutors have initiated a broad effort to reopen deportation cases that were previously administratively closed. This move aligns with the administration’s intensified focus on immigration enforcement.

Understanding Administrative Closure

Administrative closure is a procedural mechanism that temporarily removes a deportation case from an immigration court’s active docket. It’s often used when an individual is pursuing other forms of relief, such as family-based petitions or asylum applications. Under the previous administration, many low-priority cases were administratively closed to alleviate court backlogs.

Current Developments

Recent reports indicate that ICE’s Office of the Principal Legal Advisor (OPLA) is filing motions to recalendar these administratively closed cases. The American Immigration Lawyers Association (AILA) has alerted practitioners that these motions are being filed in bulk, with a focus on cases closed during the prior administration.

This policy shift has led to the reopening of cases that have been dormant for years, catching many individuals off guard. In some instances, individuals with no criminal history and pending applications for relief are being summoned back to court.

What Should People with Prior Administratively Closed Deportation Cases Do?

If your deportation case was administratively closed, it’s crucial to take the following steps:

  • Stay Informed
    Regularly check for any correspondence from the immigration court or ICE. Missing a notice can result in serious consequences, including a deportation order in absentia.
  • Consult Legal Counsel
    Engage with your immigration attorney as soon as possible to assess the status of your case and prepare for potential court proceedings.
  • Update Contact Information
    Ensure that both the immigration court and ICE have your most current mailing address to receive timely notifications and avoid missed hearings.
  • Gather Documentation
    Compile any evidence for ICE, USCIS, and DHS supporting your eligibility for relief from deportation, such as:
    • Family ties (e.g., birth certificates, marriage license)
    • Employment history or letters from employers
    • Proof of community involvement
    • Pending immigration applications or petitions

The mass reopening of deportation cases by ICE has prompted concern among immigration advocates and legal professionals. Critics argue that this approach undermines due process and places undue strain on individuals who have established lives in the U.S.

Legal organizations are mobilizing to provide resources and support to those affected by deportations.

Staying Proactive Amid Policy Shifts in Deportation Cases

The resumption of previously closed deportation cases represents a significant shift in immigration enforcement policy. Individuals with administratively closed cases should take proactive steps to understand their legal standing and seek appropriate counsel. Staying informed and prepared is essential in navigating this evolving landscape.

Shepelsky Law Group offers compassionate, strategic help for undocumented Indian immigrants facing complex asylum issues in the U.S.

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