New ICE Policy to Expedite Adjudication of USCIS Applications and Possible Dismissal of Certain Cases

Thursday, August 26th, 2010

On August 20, 2010, Assistant Secretary John Morton who heads Immigration and Customs Enforcement (“ICE”) released a memo establishing a policy for ICE to request expedited adjudication of an application or petition for an alien in removal proceedings that is pending before USCIS if approval would provide an immediate basis for relief and to dismiss certain cases where appropriate.

Under this new policy, ICE must work with USCIS to ensure that all applications and petitions pending with USCIS involving respondents in removal proceedings will be adjudicated within 30 days for detained individuals and 45 days for non-detained. 

Additionally, where it appears that an individual is eligible for the relief requested before USCIS, ICE must determine if there exists any investigations or adverse factors against dismissal such as criminal convictions, evidence of fraud or other criminal misconduct, and national security and public safety considerations.  If no investigations or serious adverse factors exist, the ICE Office of Chief Counsel should promptly move to dismiss proceedings without prejudice.  Moreover, where an individual is detained, he or she should be released pursuant to the dismissal.

ICE Office of Chief Counsel around the country are required to implement the policies of this new policy memo.

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