Attorney General Merrick Garland restored immigration judges’ power over deportations

Thousands of migrants will benefit and will be able to apply for legal status through immigration judges.

Attorney General Merrick Garland has returned power to immigration judges regarding deportation cases. Beginning with the reinstatement on Thursday, November 17, judges will be able to open, close, or dismiss deportations in certain situations.

Who benefits from these new changes in immigration courts? Does this mean that more people will be able to access immigration status? And what happens with the deportation cases dismissed in previous years?

At Jaskot Law we answer all these questions and more. Read on!

Judges now have more power in their courts.

Conflicts before Garland’s final decision

For Attorney General Merrik Garland to reach this decision, there has been an endless series of conflicts, controversies, highs and lows, both inside and outside the government. To be more specific, four years have elapsed since the bids regarding the judges’ power over deportation began.

This major change in the immigration courts came to overturn a previous ruling issued in 2018 by former Attorney General Jeff Sessions, who under the Tolerance 0 policies that were instituted hand-in-hand with the previous Trump Administration, had stripped immigration judges of the ability to close deportation cases in their own courts.

In 2019, the Democratic opposition fought for this, and with the favorable vote of the 4th Circuit Court of Appeals, immigration judges regained these powers in just four states. Now, thanks to Attorney General Garland, after four years of struggles in the government under the Castro-Tun case, this will apply to all immigration judges in the United States.

In 2018, Jeff Sessions ordered that over 350,000 cases (issued over the previous 20 years) be reopened, rescheduled, and that deportation proceedings be resumed.

Are these good news for the migrant community?

Definitely, Attorney General Merrik Garland’ s decision brings good news for the community. In principle, this means that many individuals will have access to immigration benefits. This applies to various scenarios and different situations.

On one hand, immigration judges will be able to intervene in cases where individuals obtained permanent residency after being placed in deportation proceedings. On the other hand, it is beneficial for those who would face significant risks if they were deported and had to leave the country and re-enter only when obtaining an immigrant visa. Thirdly, the Attorney General’s decision is great news for those who are eligible to access a legal benefit under the United States Citizenship and Immigration Services (USCIS).

This means, for example, that spouses of residents or citizens who entered the country irregularly could still obtain a 601-A waiver to leave the U.S. and re-enter without being subject to the penalty law.

In addition, this is also positive for immigrants of Cuban origin who have a parole and after one year can apply through the USCIS for permanent residency (LPR).

For now, the Immigration Court is waiting for the rules surrounding this new decision to be processed, so that as soon as the administrative issues are completed, the judges can begin their new work.

The good news in immigration is worthy of celebration.

At Jaskot Law, we handle deportation cases with fierce dedication and passion at our law office. If you are looking for the best defense, do not hesitate to contact us at +1 (410) 235-6868.