Prosecutorial Discretion

April 23, 2012

Process to Administratively Close Deportation Cases Pending Before Immigration Courts.

The main immigration enforcement agency (ICE) has been reviewing over 300,000 pending deportation cases. Cases that are not a high priority for removal are proposed for administrative closure. Likely candidates for closure are individuals who have been in the United States for many years, have immediate family members who are U.S. citizens or permanent residents, and do not have a criminal record. If a case meets the standards, ICE and/or the foreign national may move the court to administratively close it. A major limitation at present is that administrative closure normally does not include work authorization, nor grant any long-term status.  However, for some individuals, this may still be a useful option, rather than expending funds on legal defense, or risking a final order of deportation.
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