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100-Day Pause on Deportation Starts on January 22

On the first day of the Biden Administration, the Department of Homeland Security (DHS) announced a 100-day moratorium on deportation proceedings of immigrants who entered the country before November 1, 2021.

A Seismic Change on Immigration

The pause, which began the Friday following Joe Biden’s inauguration as the 46th president of the United States, will last from January 22 until May and give the new president time to identify what classes of immigrants should be prioritized for deportation.

For instance, under former President Barack Obama, those who posed a national security risk and had committed serious crimes were prioritized for the deportation process. The Trump Administration essentially eliminated many of those priorities and targeted any undocumented immigrant for deportation, including families, long-term U.S. residents, and those without criminal records.

In order to ensure a “fair and effective enforcement system," President Biden will have time during the deportation pause to reevaluate how U.S. Immigration and Customs Enforcement (ICE) will move forward with deportation actions. It is unclear at this time what the details of such policies will be, but we will know more once the pause is over in May.

Exceptions to the Moratorium

As mentioned above, the moratorium only applies to immigrants who entered the U.S. before Nov. 1 of last year. Those who arrived after that date or voluntarily gave up their rights to stay in the U.S. knowledge of the consequences and the opportunity to obtain legal representation may still be deported.

Additionally, someone may be deported during the moratorium period if ICE makes an “individualized determination” that removal is required of a specific individual, such as if they committed acts of terrorism or pose a threat to national security.

If you have any questions about how the deportation pause impacts you now or will in the future, Maney Gordon Zeller is here to answer any questions you may have. Contact our full-service immigration firm at (800) 708-4399 to speak with our legal team today!

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