- LAST MINUTE: Judge takes action and benefits thousands of immigrants.
- Now they can get their papers more easily.
- The measure reverses one taken by Trump.
Thousands of immigrants will benefit from the agreement with the USCIS. More than sixty thousand immigrants who are requesting immigration benefits for humanitarian reasons will benefit from an agreement approved this Tuesday by a federal judge, reports Efe.
The ruling that benefits thousands of undocumented people resolves a lawsuit against the Citizenship and Immigration Service of the United States (USCIS). The lawsuit filed last November in California’s Northern District Court challenged the agency’s policy.
Immigrants will benefit from agreement with USCIS
Said policy was adopted under the Administration of the former president Donald Trump and specifically targeted humanitarian benefits for survivors of domestic violence, the plaintiffs warned according to the news agency.
Thanks to the measure imposed by the Trump administration, USCIS rejected requests that left some questions unanswered, even when they did not correspond to the case. For example, when the requester did not include an answer for the middle name because they did not have a middle name.
Certain immigrants will benefit from the agreement with USCIS
The agency even rejected applications in which the applicant wrote “none” or “does not apply” instead of “N / A,” Efe points out. However, immigrants will now benefit thanks to the agreement with the United States Citizenship and Immigration Services.
Attorneys from the Northwest Immigrant Rights Project (NWIRP) and the National Immigration Litigation Alliance (NILA) filed the lawsuit led by Salvadoran Kenny M. Castañeda Peñate, a Guatemalan immigrant, Efe said.
They reveal who will be the immigrants benefited by agreement with the USCIS
Despite the fact that the measure had already been stopped in 2020, thousands of requests had already been denied. Matt Adams, NWIRP’s chief legal officer, said in a statement that this “was an outrageous policy clearly aimed at preventing people from obtaining the humanitarian benefits that Congress has provided.”
He added that the agency’s position “demonstrated the Trump Administration’s utter disregard for the law.” According to Efe, more than 60,000 immigrants will benefit from the conciliation agreement with the USCIS, approved by the federal judge.
Immigrants benefiting from the agreement will receive notices from the USCIS
The settlement approved by Judge Haywood. S. Guilliam, contemplates that the USCIS accept the original filing date of the more than 60,000 applications that it has identified as rejected under this policy of the administration of former President Trump.
USCIS will send notices to these applicants explaining the steps they can take to ensure that their humanitarian benefits applications are recorded as filed on the date they were originally submitted, Efe notes.
How does this agreement benefit immigrants?
The foregoing would prevent many of these cases from being denied for not showing up on the required dates. In the Castañeda Peñate case, the immigrant entered the United States in 2019 with her two minor children and submitted an asylum application within one year of her arrival in the country.
But this petition was rejected under this policy, causing the migrant to lose the opportunity to fight her case. The settlement agreement also prevents the agency from adopting a similar denial policy regarding other forms of immigration.
More good news for immigrants: they can ask for their cases to be closed and avoid deportation
The foregoing, unless authorized by law or legally implemented through regulations. Mary Kenney, Deputy Director of NILA, explained that “tens of thousands of applicants will now finally be able to move forward with applications that the agency should have accepted in 2020.”
This is not the only good news for immigrants announced recently and it is that those who are fighting their deportation have since July 15 the possibility of requesting the administrative closure of their cases in the immigration courts, reveals Efe.
Judges can now close deportation cases
The foregoing, after the attorney general, Merrick Garland, reversed an order from the Administration of former President Donald Trump, which under his strict anti-immigration measures had put an end to this possibility. Garland eliminated a policy of the administration of now former President Trump that prohibited immigration judges from temporarily postponing some deportation cases, notes The Associated Press.
The judges could not let deportation cases be closed by putting them on hold. This was known as an administrative closure. Immigration judges say the practice allowed them to handle their case load more efficiently by letting them handle priority cases and that the ban was causing further delays.
Closing deportation cases would benefit immigrants
The measure comes to benefit an already overloaded immigration court system in which people have to wait years for a hearing, the AP notes. For many immigrants, closing deportation cases in this way was a lifeline protecting them from deportation.
The above, while their requests for legal status were being processed. Criticism of the Trump practice denounced judges allowing people to stay in the country longer than they should, in a kind of legal purgatory, notes The Associated Press.
They assure that more changes will come for immigrants
Immigration courts are part of the Department of Justice and immigration judges are employees of that agency, according to AP. Three appellate courts had rejected Trump’s policy beforehand, ruling that immigration judges have the authority to decide how to handle their cases.
As Garland wrote in his decision to allow judges to close deportation cases. He added that the Department of Justice is developing new rules for that mechanism, but that for now it is restored, according to The Associated Press.
Will closing deportation cases help the immigration system?
The number of cases pending before the immigration courts soared during the Trump administration, in part because hundreds of thousands of cases that had been suspended were re-entered on the calendar for hearings.
Since fiscal year 2018, the number of pending cases in immigration courts increased 74% to 1.3 million, according to the Transactional Records Access Clearinghouse from Syracuse University. The case known as “Matter Castro-Tum”, eliminated the administrative closure in the immigration processes.
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