Biden Administration Plans New Rule Allowing Non-Permanent Residents to Seek Deportation Relief Without Initial Court Hearings

The Department of Homeland Security (DHS) and the Department of Justice (DOJ) are planning to introduce a new rule for green card applicants. This rule aims to amend current immigration regulations, potentially allowing certain non-permanent residents to apply for cancellation of removal without first being placed in removal proceedings.

This significant proposal seeks to streamline the application process and provide more accessible options for non-Lawful Permanent Residents (non-LPRs) seeking relief from removal. Under the new proposal, non-LPRs who meet specific criteria could directly apply for cancellation of removal, bypassing the initial step of being placed in removal proceedings under section 240 of the Immigration and Nationality Act.

The proposed amendment is in the prerule stage, with an Advance Notice of Proposed Rulemaking (ANPRM) expected in September 2024. The DHS and DOJ will solicit public input on this proposal, emphasizing the importance of community and stakeholder feedback in shaping effective immigration policies.

While the specific details and implications of the rule are still under review, the DHS and DOJ have cited several legal authorities, including the Homeland Security Act of 2002 and various sections of the U.S. Code, to support the proposed changes.

Public participation will be encouraged, with comments submitted through the Federal Register after the proposed rulemaking is published. The feedback gathered will inform further rulemaking actions, aiming to create a more efficient and equitable system for handling non-LPR cancellation of removal applications.