Calderon v. Mayorkas Settlement Agreement: What You Need to Know
Important Update for Immigrant Families in New England
On January 16, 2025, the federal court approved a settlement in the class action lawsuit Calderon, et al. v. Mayorkas, et al. This settlement will significantly impact U.S. citizens and their noncitizen spouses who are pursuing lawful status under the provisional waiver process. 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,” which is either pending or approved.
- Residency: The noncitizen spouse lives in Massachusetts, Rhode Island, Connecticut, Vermont, New Hampshire, or Maine, or is detained by ICE in one of these states.
Key Terms of the Settlement
With the court’s approval, the settlement includes the following:
1. Motions to Reopen Removal Proceedings:
- For two years, noncitizen class members can file Motions to Reopen their removal proceedings.
- ICE will presumptively agree to these motions if the class member provides the necessary documentation, such as a declaration of intent to pursue lawful status.
- ICE may only decline to join a motion under specific circumstances, such as if the noncitizen poses a threat to public safety or national security.
2. Enforcement Actions by ICE:
- For two years, ICE Boston will not arrest, detain, or remove class members unless a high-ranking official determines the noncitizen poses a threat to public safety or national security.
- ICE must also consider the noncitizen’s eligibility for the provisional waiver process before taking enforcement actions.
What Does This Mean for You?
If you meet the criteria, you may:
- Reopen Your Case: Begin the process of pursuing lawful status with reduced risks of ICE enforcement actions.
- Continue Living in New England: Remain in the region while working through the provisional waiver process.
Congratulations to the ACLU MA and the team of attorneys who worked tirelessly for years to obtain this relief for mixed-status families.
Need Help?
Our team at Massa Viana Law is here to help guide you through this process. If you believe you may qualify or want to explore your options. Together, we can navigate this critical opportunity for you and your family.
