Calderon Settlement: New Legal Protections for Immigrant Families in New England
Calderon Settlement: New Legal Protections for Immigrant Families in New England
On January 16, 2025, a federal district court approved a pivotal settlement in Calderon Jimenez v. Mayorkas, a case initiated in 2018 on behalf of certain U.S. citizens and their noncitizen spouses residing in New England who are subject to final orders of removal. This two-year settlement, effective from January 16, 2025, to January 16, 2027, introduces significant provisions:
- Reopening and Dismissal of Removal Proceedings:Eligible noncitizen class members have the opportunity to request the reopening and dismissal of their removal proceedings, facilitating a pathway toward legal status.
- Protection from Enforcement Actions:During the settlement period, U.S. Immigration and Customs Enforcement (ICE) is restricted from initiating enforcement actions against class members unless an individual is determined to pose a threat to public safety.
This settlement offers a crucial opportunity for affected families to pursue legal avenues without the immediate threat of separation.
Class Membership Criteria:
You and your spouse are considered class members if:
- One spouse is a U.S. citizen.
- The other spouse is a noncitizen with a final order of removal who has not departed the United States under that order.
- The U.S. citizen spouse has filed an I-130 “Petition for Alien Relative” for the noncitizen spouse, which is either pending or approved.
- You reside in New England (Massachusetts, Rhode Island, Connecticut, Vermont, New Hampshire, or Maine), or the noncitizen spouse is detained within this region.
- The noncitizen spouse:
- Is 17 years of age or older.
- Does not have a pending application with U.S. Citizenship and Immigration Services (USCIS) for lawful permanent resident status (specifically, Form I-485). Notably, an I-130 petition does not disqualify a noncitizen from class membership; rather, it is a prerequisite.
Frequently Asked Questions:
Q. What benefits does the Calderon settlement provide for class members?
Class members are shielded from detention or removal by ICE during the two-year settlement period unless deemed a public safety risk. Additionally, they can access a process to seek the reopening and dismissal of their removal cases.
Q. How do I know if I am a class member?
If you and your spouse meet the criteria outlined above, you are considered class members under this settlement.
Q. Do I need to register to become a class member?
No registration is necessary. Meeting the specified criteria automatically includes you in the class, granting you the protections and benefits of the settlement.
Q. If I am not currently a class member, can I become one later?
Yes, if you fulfill the class criteria during the settlement period, you will be recognized as a class member. For instance, filing an I-130 petition during this period would qualify you.
Q. Should I seek legal representation to navigate this process?
While the settlement provides a framework, immigration law is complex. It is advisable to consult with an immigration attorney to understand and pursue the options available to you. Please feel free to contact our firm at 212-233-8100
Q. What steps should I take if I want to file a Motion to Reopen under the Settlement Agreement?
Your request should:
- Identify you as a Calderon class member.
- Be filed with the ICE Office of the Principal Legal Advisor (OPLA) field location overseeing your removal order.
- Comply with the standard procedures of the respective ICE OPLA field location.
- Demonstrate eligibility for either consular processing or adjustment of status upon dismissal of removal proceedings.
Ensure your request is submitted by 11:59 PM on January 16, 2027, to be considered timely under the settlement terms.
Q. What protections does the settlement offer against ICE enforcement actions?
Between January 16, 2025, and January 16, 2027, ICE’s Boston Enforcement and Removal Operations (ERO) cannot arrest, detain, or seek to remove a noncitizen class member unless they determine the individual poses a threat to public safety or national security.
Q. Does the settlement apply to individuals with in absentia orders of removal?
Yes, individuals with in absentia removal orders who meet the class criteria are included in the settlement.
Q. What should I do if I believe ICE is not complying with the Settlement Agreement?
A Conflict Resolution process is established under the settlement. If you suspect non-compliance, you or your attorney can initiate this process by contacting the designated representatives.
Q. How long is the settlement in effect?
The settlement is effective from January 16, 2025, through January 16, 2027. Requests to ICE OPLA to join motions to reopen submitted by 11:59 PM on January 16, 2027, are considered timely, with provisions remaining in effect until ICE responds to these requests.
Q. Who can I contact for more information?
For additional resources, including the full settlement agreement and summaries in multiple languages, please refer to the documents section below.
Important Considerations:
- This summary is intended for informational purposes and does not constitute legal advice. Immigration law is intricate, and individual circumstances vary. Consulting with a qualified immigration attorney is strongly recommended. Call 212-233-8100 to schedule your consultation.
- Class members are cautioned against traveling abroad for consular processing or any other reason without prior legal consultation.
At PPID, we are committed to assisting individuals and families navigating complex immigration matters. If you believe you are affected by the Calderon settlement or have questions about your immigration status, please contact our office for a consultation.
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