Skip to Content
Services Available in Spanish and Gujurati
Se Habla Español 832-514-4030
More Immigration Cases Can Be Dismissed Under New Plan

The Biden administration continues to reform immigration standards. President Biden’s chief ICE (U.S. Immigration and Customs Enforcement) attorney, John Trasviña, issued a memo to government attorneys on May 27, 2021. In it, he outlined a new model for how government attorneys may handle immigration cases.

Under the Trump administration, ICE attorneys had left discretion to assist in closing deportation cases against individuals, regardless of many extenuating circumstances. Trump’s chief ICE attorney, Tracy Short, placed rigid restrictions on government attorneys. There were very few reasons a government attorney could dismiss a deportation case. Immigrants could stay if they were relatives of military members; had an undeniable legal right to stay; had “extraordinary humanitarian factors;” or were assets to law enforcement. Beyond those guidelines, government attorneys were expected to move as many cases to trial as possible.

Trasviña’s memorandum changes all of this. Government attorneys will now be trusted to use more discretion for dismissing or pursuing a case. The reasons for dismissal have broadened considerably. The chief attorney has instructed government attorneys to consider a wide range of factors, such as how long an immigrant has held a green card. Pregnant or elderly immigrants can have deportation cases dismissed. Immigrants who have been in the States since a young age are eligible to stay. Also, immigrants with severe health concerns could have dismissed deportation cases as well.

Trasviña encourages prosecutors to consider the mitigating factors of each case, going beyond the simple, on-paper argument against an immigrant. Immigrants may have close family relations in the States. They may be pursuing a higher education or making a positive impact in their community. Perhaps they are close to being granted a Temporary Protected Status and going through with the case would be unnecessary.

These changes are not a mandate, meaning a government attorney can still pursue a case even if the immigrant meets the above criteria. However, given more decision-making power, it is possible that government attorneys may start dropping more cases. Currently, the system is backlogged with over one million cases. Cases have taken years to be heard. By simply allowing government attorneys to make dismissal or delay decisions, time and resources can be cleared for more serious, necessary cases.

The current administration hopes to focus attention back on security threats and public safety, according to the memo. Many unnamed officials have spoken out about these changes. They say that these reforms could restore public confidence in ICE as a whole.

Talk to an Attorney Today

If you believe this shift in focus can benefit you or a loved one, speak with an attorney. Prosecutors can now hear pleas from immigration attorneys, and your case could be reviewed. No one can promise that your case will be dismissed. However, with a skilled lawyer, you can have a representative demonstrate why you should be allowed to stay. A government attorney has more ability now to drop your case than before and this fact could work in your favor.

If you need help with immigration issues, contact The Modi Law Firm, PLLC today. Our experienced attorney may be able to plead your case and help keep you in the States. You can call us at (832)422-7789, or contact us online