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Original Date Announced
November 1, 2017ICE declares it will no longer agree to motions to administratively close cases in front of an immigration judge or the BIA in order to allow the noncitizen to apply for a provisional unlawful presence waiver. ICE stated it will only permit individuals to agree to voluntary departure and consular process abroad. [ID #289]
AILA Report; OSUP and Stay PolicyEffective Date
November 1, 2017Current Status
Fully in EffectOriginal Trump Policy Status
Status: ReportedTrump Administration Action: Change in PracticeSubject Matter: InteriorAgencies Affected: ICEPre Trump-Era Policies
- April 6, 2015 Prior to January 2017, ICE attorneys often agreed to administratively close cases that were not considered enforcement priorities under guidance in effect at the time and would also consider motions to terminate or reopen a case in compelling situations. Under the Obama administration, immigration judges administratively closed a large number of cases: 4,088 cases in FY 2015 and 5,239 cases in FY 2016 (up from 3,828 in FY 2014). Guidance Regarding Cases Pending Before EOIR Impacted by Secretary Johnson's Memorandum entitled Policies for the Apprehension, Detention and Removal of Undocumented immigrants
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
Cogs in the Deportation Machine
- Prior Policy