Nuevo Presidente, Nuevas Leyes de Inmigración (New President, New Immigration Laws): 100 day pause for deportations

January 21, 2021

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100 DAY PAUSE FOR DEPORTATION OF NONCITIZENS

The Department of Homeland Security has issued a 100 day pause on deportations from the United States for certain individuals.

Anyone in the United States who has a final order of removal cannot be removed from the United States, unless:

  1. ICE determined in writing that the noncitizen engaged in or is suspected of terrorism or espionage, or otherwise poses a danger to the national security of the United States;
  2. Was not physically present in the United States before November 1, 2020; or
  3. Has voluntarily and knowingly agreed to waive any rights to remain in the United States, with an opportunity to speak to a lawyer before signing the waiver,
  4. ICE made an individualized determination that removal of the noncitizen is required by law.

There’s more…

In addition to the 100 day pause on removals from the United States, the Department of Homeland Security has been ordered to create and put into practice a system to individually review the deportation orders that are 90 days old or older.  This process can include anything from reopening immigration court cases, alternate forms of detention, remaining in ICE custody (jail or immigration detention centers), a potential grant of temporary deferred action, or “other appropriate action.”

This memorandum is the most immigrant-friendly policy to come from the Department of Homeland Security since before the Obama administration, and immigration advocates are hopeful policies like these will continue.

If you currently have a case open in immigration court or have been issued a removal order, call our immigration hotline at 402-932-9116 for a free consultation with our immigration attorney.  We will do our best to bring you up-to-date information that is factual!

For up to date and accurate information about changes in immigration law, make sure to follow our Nuevo Presidente, Nuevas Leyes immigration law updates!

Here is a direct link to the Department of Homeland Security’s January 20, 2021 Memorandum.

 


This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


If you need help with an Immigration case, contact Hightower Reff Law today and call our Immigration hotline at 402-932-9116 for a free immigration consultation or come visit with one of the attorneys at the Omaha office.

 

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