Guide To Biden’s Immigration – Removal Court and 100 Days Stop To Removal

On January 20, 2021, the Biden administration issued orders regarding temporary changes to enforcement of the immigration law. The Acting Director of the Department of Homeland Security (DHS) issued a memorandum directing DHS to take the following three actions.

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• Review current immigration enforcement policies.

  • Conduct a review of the current immigration enforcement policies and reset some of them. 

• Focus on removing 4 groups of individuals.

  1. Individuals engaged in or suspected of terrorism or whose arrest and/or custody is necessary to protect the United States.
  2. Individuals arrested trying to enter the US illegally after November 1, 2020.
  3. Individuals who were not already physically present in the US before November 1, 2020.
  4. Individuals who have been convicted of a crime that is an “aggravated felony,” as defined by immigration law and who are released from jail after January 21, 2021.

• Immediately Pause Physical Removal for 100 days.

  1. Beginning on January 22, 2021 DHS will pause physical removal of immigrants who have been ordered deported for the next 100 days.
  2. By February 1, 2021, Immigration and Customs Enforcement (ICE) will provide guidance that includes a process to review individual cases for immigrants who have a final order of removal. The guidance will include a process to assess whether there is an alternative to actual physical removal.
  3. ICE will continue removing the following groups of people:
     1. Individuals engaged in or suspected of terrorism or whose arrest and/or custody is otherwise necessary to protect the U.S. national security.
     2. Individuals who were not physically present in the US before November 1, 2020.
     3. Individuals who voluntarily agreed to waive any rights to remain in the United States and who had access to an attorney prior to signing the waiver.
     4. Anyone who is required to be removed by law.

Are You Qualified to Remain in the U.S? Contact an Immigration Lawyer for Help

If you have questions about your eligibility to remain in the United States, please contact our office. We can schedule an evaluation or attorney consultation to answer your immigration questions. Contact Godoy Law Office at 630-912-0322, our skilled immigration lawyers in Chicago, Lombard and Oak Brook can answer any questions about immigration and guide you through every step of the process.

Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will, and Lake Counties. 

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