Last week, the Department of Homeland Security took a (possibly) dramatic step in relieving the ever growing backlog of deportation cases in the immigration court system. The Department indicated that it would terminate proceedings against many of the 300,000 individuals who are currently in removal proceedings. Put simply – they want to terminate action against “low-priority” individuals and concentrate on more “high-priority” individuals.
Determining who will qualify as having a low-priority case is the tricky part. In announcing the new policy, the Department indicated that cases will be evaluated based on:
- the person’s length of presence in the United States;
- the circumstances of the person’s arrival in the United States, particularly if the alien came to the United States as a young child;
- the person’s pursuit of education in the United States, with particular consideration given to those who have graduated from a U.S. high school or have successfully pursued or are pursuing a college or advanced degrees at a legitimate institution;
- whether the person, or the person’s immediate relative, has served in the U.S. military, reserves, or national guard;
- the person’s criminal history, including arrests, prior convictions, or outstanding arrest warrants;
- the person’s ties and contributions to the community, including family relationships;
- the person’s age, with particular consideration given to minors and the elderly;
- whether the person has a U.S. citizen or permanent resident spouse, child, or parent;
- whether the person is the primary caretaker of a person with a mental or physical disability, minor, or seriously ill relative;
- whether the person or the person’s spouse is pregnant or nursing
Just how many people will qualify is yet to be seen. Ultimately, it is up to the Department to decide.
What is important to remember is that immigrants cannot sign up for the program, and that the new program does not lead to legalization.