The Obama Administration and the Department of Homeland Security established a high-level joint DHS and Department of Justice (DOJ) working group to conduct a case-by-case review of approximately 300,000 cases pending before the immigration courts, Board of Immigration Appeals (BIA), and the federal court of appeals. Those cases that are identified as “low priority” will be administratively closed and the respondents will be eligible to apply for work authorization with the United States Citizenship and Immigration Service (“USCIS”). Because of this policy, additional resources can be focused on “high priority “ cases such as those individuals who pose a threat to public safety.
The DHS has stated that its enforcement priorities are national security, public safety, border security, and repeat immigration law violators. As to what constitutes “low priority cases, the DHS has made clear that no category of cases will receive a blanket exercise of favorable discretion, but they have identified certain categories of individuals that may receive particular attention. These include: veterans, long-time permanent residents, minors and the elderly, individuals who have been present since childhood, individuals with serious disabilities or health issues, women who are nursing or pregnant, and victims of domestic violence or other serious crimes. As to negative factors, serious felons, repeat offenders, and individuals with a lengthy criminal record would most likely not be given prosecutorial discretion.
Administrative closure is a procedural convenience used to temporarily remove a case from the immigration court’s docket. The case remains pending, though inactive. Immigration and Customs Enforcement (ICE) attorneys and officers have been asked to consider all cases in light of the DHS enforcement priorities. These requests should be made in writing and should include as much supporting documentation as possible.
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Once a case has already been administratively closed, how soon can the respondent apply for work authorization?
If done through prosecutorial discretion by DHS, can apply immediately.