During the administration of President Donald Trump, the government put a number of policies in place that affected immigration. In addition to its efforts to build a wall along the border between the U.S. and Mexico, the administration implemented rules that allowed for the detainment and deportation of many immigrants. President Joe Biden has pledged to relax some of these rules and take steps to address the issues affecting immigrants. However, his administration has had trouble doing so due to some recent rulings in federal courts.
Rulings Affecting Title 42 and Prosecutorial Discretion
During the Trump administration, a rule known as Title 42 was put in place, allowing for the expulsion of immigrants without going through many of the standard deportation procedures. This rule was implemented in response to the COVID-19 pandemic, and its stated purpose was to reduce the possibility of infections being spread by immigrants entering the United States.
The Biden administration has attempted to lift Title 42, and officials have stated that because the threat of COVID-19 infections has been reduced, the rule is no longer necessary to protect public safety. However, a group of 24 states filed a lawsuit challenging the lifting of this rule, and they have claimed that without Title 42 in place, illegal immigration will increase and place a financial burden on the states due to increased health care and education costs. In May of 2022, a federal judge ruled in the states’ favor, requiring Title 42 to remain in place.
A separate case looked at a policy that the Biden administration attempted to put in place prioritizing certain immigrants for deportation. Under this policy, immigration officials would be allowed to use “prosecutorial discretion” when determining whether to pursue deportation. The policy stated that deportations would be prioritized in situations where immigrants could be considered threats to public safety or national security, and it also allowed officials to consider a person’s age, the amount of time they had lived in the United States, and whether they had children who had been born in the U.S. In June of 2022, a judge ruled that this policy is illegal. Based on this ruling, all undocumented immigrants in the United States may be at risk of deportation.
Contact Our DuPage County Deportation Defense Attorney
For many immigrants, the threat of deportation is very real. Understanding how changes to laws and policies may affect a person’s immigration status and their ability to remain in the United States can be difficult. Those who have been detained by immigration officials or who may face deportation will likely need legal assistance to ensure that they can address these issues correctly. At Ana M. Mencini & Associates, P.C., we provide representation in deportation cases, and we can assist with multiple other types of immigration-related issues. To learn how we can help with your case, contact our Itasca removal defense lawyer at 630-875-1700.