Calderon-Jimenez Settlement: What You Need to Know
Important Update for Immigrant Families in New England
On January 16, 2025, the federal court approved a groundbreaking settlement in the class
action lawsuit Calderon, et al. v. Mayorkas, et al. This settlement will have a significant impact
on U.S. citizens and their noncitizen spouses who may have been ordered removed by an
immigration court. Here’s what you need to know:
Who Does This Settlement Affect?
You may qualify as a class member if:
- Marriage: You are in a marriage where one spouse is a U.S. citizen, and the other is a noncitizen.
- Removal Order: The noncitizen spouse is subject to a final order of removal and has not left the U.S. under that order.
- Family Petition: The U.S. citizen spouse has filed a “Petition for Alien Relative” (Form I-130), which is either pending or approved.
- Residency: The noncitizen spouse resides in Massachusetts, Rhode Island, Connecticut, Vermont, New Hampshire, or Maine, or is currently detained by ICE in one of these states.
Key Terms of the Settlement
The court-approved settlement includes the following important provisions:
1. Motions to Reopen Removal Proceedings
For two years from the effective date of the settlement, eligible noncitizens can file Motions to Reopen their removal proceedings. Under this settlement:
- ICE will presumptively agree to these motions if the class member provides necessary documentation, including a declaration of intent to pursue lawful status.
- ICE may only decline to join a motion in specific cases, such as if the noncitizen poses a threat to public safety or national security.
2. ICE Enforcement Actions
For two years from the effective date of the settlement, ICE Boston will not arrest, detain, or remove class members unless a high-ranking official determines that the individual poses a threat to public safety or national security. Additionally:
- ICE must take into account the noncitizen’s eligibility for the provisional waiver process before initiating any enforcement action.
What Does This Mean for You?
If you meet the criteria outlined in the settlement, you may benefit from the following:
- Reopening Your Case: You have the opportunity to take steps toward obtaining lawful status with reduced risk of ICE enforcement actions.
- Continuing to Live in New England: You may remain in the region while navigating the provisional waiver process.
Next Steps
If you or someone you know may qualify for relief under this settlement, it is crucial to seek legal guidance as soon as possible. Our team at Casas Immigration is here to help you understand your rights and take the necessary steps toward securing your future.
Contact us today to schedule a consultation and learn how this settlement may affect your case.
Need assistance? Contact an immigration attorney to help guide you through the process!
Call us today to schedule a consultation at (312) 971-7221
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