The U.S. Immigration and Customs Enforcement (ICE) has issued a new policy directive (ICE Directive 5004.3), outlining changes to how stays of removal and private immigration bills are handled. This directive, effective immediately, replaces the previous policy from November 8, 2021 (ICE Directive 5004.2), and aims to close loopholes that have allowed certain individuals to delay removal proceedings indefinitely. Here’s a breakdown of the key changes and their implications for immigrants and legal practitioners.
Key Changes in ICE Directive 5004.3
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Stricter Conditions for Stays of Removal
Previously, the mere introduction of a private immigration bill and a request for an investigative report automatically triggered a stay of removal. Under the new directive, this is no longer the case. Stays will only be granted if the Chair of a full Committee or Subcommittee explicitly requests it in writing. -
Limitations on Stay Duration
- Stays of removal will be limited to six months.
- A one-time 90-day extension may be granted at the ICE Director’s discretion if extenuating circumstances exist.
- Once an individual has received a stay through the private immigration bill process, no further stays will be granted for the same individual.
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Increased ICE Discretion
- ICE will now assess stay requests on a case-by-case basis, rather than granting them automatically.
- If ICE discovers derogatory information about an individual after granting a stay, it retains the right to revoke the stay and proceed with removal.
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Congressional Involvement Does Not Guarantee Relief
- The introduction of a private immigration bill does not prevent ICE from initiating or continuing removal proceedings.
- Only 1% of private immigration bills introduced between 2007 and 2024 were enacted, highlighting the slim chances of obtaining permanent relief through this process.
What This Means for Immigrants Facing Removal
For immigrants who were previously relying on private immigration bills to delay deportation, this policy shift represents a significant change. The elimination of automatic stays means individuals must seek alternative legal avenues, such as asylum claims, cancellation of removal, or other forms of relief under U.S. immigration law.
Legal Considerations
- Immigrants facing removal should consult an experienced immigration attorney to explore their options.
- Legal teams should ensure any stay requests include strong justifications and align with the new requirements.
- Families and communities advocating for an immigrant’s stay should be aware that legislative intervention alone is no longer enough to halt removal.
Final Thoughts
ICE’s new directive aims to close loopholes that have allowed individuals to remain in the U.S. without an official resolution to their immigration status. This shift underscores the importance of timely legal action and strong case preparation for individuals at risk of removal. If you or a loved one is affected by these changes, seeking legal counsel as soon as possible is crucial.
For more information or legal assistance regarding removal proceedings and private immigration bills, contact Ahluwalia Law Offices today.
