What is the Administrative closure

Administrative closure is a legal procedure that temporarily or indefinitely suspends deportation proceedings for immigrants. Essentially, this legal tool removes a case from the immigration court’s docket. If the process goes as agreed, the case can remain inactive for several years. This option gives immigrants more time to prepare other pending applications, such as visa or asylum requests, without the fear of deportation.

To be finalized, administrative closure requires approval from the immigration court. Immigration judges thus wield discretionary power over this program. They are mandated to render a judgment in accordance with the law and independent of any external factors related to the case. Their verdict is based on various factors such as the case’s priority and the possibility of obtaining other actions besides deportation.

If the administrative closure process is approved, the U.S. government takes the initiative to suspend the deportation process. However, it’s important to note that this doesn’t grant the beneficiary the right to travel outside the United States or to work. The sole purpose of this procedure is to provide the immigrant with time to calmly prepare their immigration process without fearing deportation.

Administrative closure can be initiated by immigration services or by the immigrant’s representing attorney. To request this procedure, a legitimate reason for administrative closure must be demonstrated. The Bureau of Immigration Appeals (BIA) has discretionary power to review these requests, taking into account various factors such as reasons for closure, alternative action possibilities, and delays in the case.

Initiated by immigration services or the immigrant’s immigration attorneys, administrative closure is only available for the following cases :

• If the applicant is not a priority for immigration law enforcement and does not oppose it.
• If the applicant explicitly requests administrative closure and immigration services do not oppose it.
• If the visa application has been approved, but time is needed for the visa to become available.
• If the applicant has obtained temporary protected status.

Etymology of Administrative Closure

The term “Administrative Closure” originates from the Latin word “administratio,” meaning “administration” or “management,” and the English word “closure,” referring to the act of closing or concluding. Together, “Administrative Closure” denotes the administrative process of closing or suspending a legal procedure. This concept is often used in the context of immigration to refer to a strategy of temporarily or indefinitely halting deportation proceedings.