Change in U.S. Customs and Border Protection Policy Regarding Initiation of Removal Proceedings Against Non-citizens with Criminal Convictions
All non-U.S. citizens (including Lawful Permanent Residents and non-immigrant visa holders) who have a record of criminal arrests or convictions now face an increased risk of deportation proceedings upon their return to the United States after international travel.
On October 1, 2009, U.S. Customs and Border Protection (CBP) issued a policy directive ordering U.S. Ports of Entry to significantly increase the issuance of Notices to Appear (NTA) in Immigration Court, initiating removal proceedings against non-citizens with criminal records. Previously, CBP would frequently schedule a Deferred Inspection appointment for these individuals, where they had the opportunity to present documents to explain their criminal record and argue their admissibility. Now, CBP’s policy has changed decisively toward more immediate enforcement and less discretion to defer deportation proceedings.
This new policy, in combination with increasingly sophisticated and far-reaching access to criminal databases, puts non-citizens at greater risk of being sent to Immigration Court for even a minor criminal offense on their record. Even criminal offenses that are decades old may trigger adverse action, and returning Lawful Permanent Residents will be subject to the same legal scrutiny as temporary visa holders. It is also possible that non-citizens will be detained, although this will not happen in all cases.
If you are a non-citizen or you have non-citizen clients with criminal arrests and/or convictions (whether they occurred in the United States or abroad), it may be advisable for them not to travel abroad. If international travel is a necessity, we recommend that individuals be prepared to answer questions and provide appropriate documentation to CBP (including arrest report(s), certified final court disposition(s) and a legal brief) to evidence their admissibility to the U.S.
If you have any questions regarding CBP’s new policy, or need assistance with reviewing a criminal record and/or drafting a legal brief regarding admissibility, please contact the Wolfsdorf Immigration Law Group and ask to speak with one of the following attorneys:
AVI FRIEDMAN (310) 570-4088 x.249 afriedman@wolfsdorf.com
ANDREW STEVENSON (310) 570-4088 x.221 astevenson@wolfsdorf.com
CYNTHIA LUCAS (310) 570-4088 x.263 clucas@wolfsdorf.com
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