New ICE Regulations Will Benefit Many in Immigration Court

President Biden gave new instructions to ICE to drop immigration cases against certain individual who are not deemed to be priorities for deportation in order to increase efficiency in immigration court.

According to the memorandum released on May 27, 2021, ICE may drop an immigration court case either by administratively closing the case (pausing the case) or by terminating the case (dismissing the case). It is not yet clear which methods will be used in the future, and this may also be different depending on which Immigration Court your case is in.


The memorandum instructs lawyers for ICE to consider many factors when deciding whether to drop an immigration court case.


Below are the positive factors that must be considered in deciding whether or not to drop an immigration court case:

  1. The amount of time you resided in the United States;

  2. Service in the U.S. military;

  3. Family and community ties in the U.S.;

  4. How you entered the U.S. (ex: on a visa, or without inspection);

  5. Previous immigration history;

  6. Work history in the U.S.;

  7. Education history in the U.S.;

  8. Whether you have been the victim of a crime in the U.S.;

  9. Whether you have possibility of getting a green card in the future;

  10. Any contributions to the community you may have made;

  11. Your health;

  12. Your age;

  13. Whether you are pregnant;

  14. Whether you are the primary caregiver for any family members.

ICE will also consider negative factors when deciding whether to drop an immigration court case, these factors are as follows:

  1. Your criminal history;

  2. Human rights violations;

  3. The seriousness of your immigration violations and how recent they are; (example: coming back to the U.S. after you have been deported, multiple illegal entries in the U.S.; violation of conditions of release from detention)

  4. Whether you committed any fraud (example: lying on immigration forms; lying to get a visa to enter the United States)

If you have criminal history, ICE will look at the following factors:

  1. How serious the criminal offense is;

  2. How many times you violated the law;

  3. The length of time you were jailed or imprisoned;

  4. Your age at the time the crime happened;

  5. Whether ICE believes the crime makes you a danger to public safety.

ICE will consider all the factors mentioned above and will decide on a case-by-case basis. This means that results will vary greatly from person to person, and there is no guarantee that your case will be dropped by ICE.


If you or a loved one are currently in immigration court these new rules may greatly impact your case. Message us and set up a consultation to see if you or your friend or family member can take advantage of these new rules.

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