Calderon Settlement

1. One spouse is a U.S. citizen.
2. One spouse is a noncitizen with a final order of removal, and has not departed the United States under that order.
3. The U.S. citizen spouse has filed an I-130 “Petition for Alien Relative” for the noncitizen spouse, and that petition is pending or has been approved.
4. You live in New England (comprising Massachusetts, Rhode Island, Connecticut, Vermont, New Hampshire, and Maine), or the noncitizen spouse is detained in New England.
5. The noncitizen spouse:

• is 17 years old or older, and
• does not have a pending application with USCIS for lawful permanent resident status. (Note, this limitation generally refers to one immigration form, the I-485. An I-130 petition does not disqualify a noncitizen from the class.)

The Calderon settlement may impact you if you have a final order of removal, live in New England, and are married to a U.S. citizen.

This FAQ is intended for class members and their attorneys and is not legal advice.  Immigration law is highly complex and class members should consult with an attorney about their individual cases.  Class members are especially warned not to travel abroad for consular processing (or for any other reason) without consulting an attorney.

1. What benefits does the Calderon settlement provide for class members?

Calderon class members 1) may not be detained or removed from the United States during the two-year settlement period unless determined to pose a risk to public safety; and 2) have access to a process by which they may seek to reopen and dismiss their removal cases.  The settlement is in effect until January 16, 2027. You can see the full settlement, and a summary of it in the documents section below.

2. How do I know if I am a class member?

You and your spouse are class members if the following are true:

• One spouse is a U.S. citizen.
• One spouse is a noncitizen with a final order of removal and 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, and that petition is pending or has been approved.
• You live in New England (Massachusetts, Rhode Island, Connecticut, Vermont, New Hampshire, or Maine), or the noncitizen spouse is detained in New England.
• The noncitizen spouse (a) is 17 years old or older, and (b) does not have a pending application with U.S. Citizenship and Immigration Services (USCIS) for lawful permanent resident status. (Note, this limitation is a narrow one that will not disqualify many people from the class.  It generally refers to a specific immigration form, the I-485.  An I-130 petition does not disqualify a noncitizen from the class and is, in fact, necessary for being part of the class.)

3. Do I have to sign up to become a class member?

No.  You and your spouse are class members if you meet the criteria described in Question 2.  You do not have to sign up, notify class counsel, report to the Court, or take additional steps to be a class member protected by the Settlement Agreement.

4. If I am not currently a class member, can I become one later?

If you and your spouse do not currently meet the criteria to become a class member, you will still become a part of the class if you satisfy that description while the Agreement is effective, between January 16, 2025 and January 16, 2027.  For example, if you and your spouse have not filed an I-130 petition but otherwise meet the criteria, you are not part of the class yet.  But if you file an I-130 petition within the Settlement’s two-year duration, you will become class members once your petition is pending. 

Other changes in your life during the settlement period—such as getting married to a U.S. citizen, or your spouse’s naturalization, or moving to New England—could similarly make you a class member even though you weren’t one before.

5. I do not currently have an immigration attorney. Will Calderon class counsel represent me in seeking to reopen my immigration case?  Should I get an attorney?

Unfortunately, Calderon class counsel is unable to provide individual representation to class members seeking to reopen their proceedings under the settlement.  It is recommended that you retain an attorney to engage in this process. 

6. What do I need to submit if I am a class member and I want to file a Motion to Reopen under the Settlement Agreement?

Under the Settlement Agreement, ICE has agreed to presumptively join motions to reopen and dismiss removal proceedings by noncitizen class members as long as the noncitizen class member completes certain requirements.  

The class member’s request must: (1) identify the noncitizen as a Calderon class member; (2) be filed with the ICE, Office of the Principal Legal Advisor (ICE OPLA) field location with jurisdiction over the class member’s removal order;  (3) comply with the standard procedures of the ICE OPLA field location where it is filed, such as completing a background check or standardized form; and (4) show that, if the class member’s removal proceedings are dismissed, they would be eligible for either consular processing or adjustment of status. 

In addition, for class members eligible for consular processing, you must submit:

• A copy of the Form I-130 filed with USCIS by the U.S. citizen spouse;
• Proof of residence in either Massachusetts, Maine, Connecticut, New Hampshire, Rhode Island or Vermont;
• A copy of a completed Form I-601A with supporting documentation that the noncitizen class member intends to file; and
• A declaration from the noncitizen class member attesting to your intention to depart the United States to consular process after the Form I-601A is approved by USCIS.

For class members eligible for adjustment of status, you must submit:

• A copy of the Form I-130 filed with USCIS by the U.S. citizen spouse;
• Proof of residence in either Massachusetts, Maine, Connecticut, New Hampshire, Rhode Island or Vermont;
• Evidence of eligibility to adjust status and a copy of completed Form I-485 with supporting documentation that the noncitizen class member intends to file; and
• A declaration from the noncitizen class member attesting to your intention to apply for adjustment of status with USCIS.

7. Once I have the correct documents, how do I file a request for ICE OPLA to join my Motion to Reopen?

Requests to ICE OPLA to join motions to reopen under the Calderon settlement should be sent to Calderon-JMTR-Requests@ice.dhs.gov. 

8. Is there a deadline for filing a request for ICE to join a motion to reopen and dismiss my removal proceedings?

To take advantage of the Agreement’s reopening provisions, you must file a request for ICE to join your motion on January 16, 2027, when the Settlement Agreement expires.  If you file your request by 11:59pm January 16, 2027 and ICE does not respond until after January 16, 2027, your request is still protected by the Settlement Agreement.

Note that it can take significant time to prepare the materials needed to support a request for ICE to join your motion to reopen.

9. What if my removal case is not in New England?  Can I still seek to reopen and dismiss my removal proceedings?

Yes, you can request that ICE join a motion to reopen and dismiss your removal proceedings even if your removal case was in an immigration court outside of New England.  For instance, if you live in Massachusetts but your final order of removal was issued by a court in Texas, the Agreement still allows you to ask ICE in Texas to join a motion to reopen and dismiss.  ICE will be required to presumptively join your motion if it satisfies the requirements articulated in Question 6 applying the same standards as if the case were in New England.

10. Under the Settlement Agreement, what rights do class members have against ICE enforcement actions?

From January 16, 2025 to January 16, 2027, ICE Boston Enforcement and Removal Operations (ICE ERO Boston) cannot arrest, detain, or seek to remove a noncitizen class member, or require the noncitizen class member to leave the United States, unless ICE has determined in good faith that the individual noncitizen is a threat to public safety or national security. 

ICE must also consider the U.S. citizen class member’s submission of a Form I-130 on behalf of the noncitizen spouse, and the noncitizen’s eligibility to file a Form I-212 and Form I-601A.

11. Does the settlement apply to people with in absentia orders of removal?

Yes. People within absentia orders of removal (i.e., who were ordered removed because they did not attend a removal hearing) are class members if they satisfy the criteria in Question 2.  With regard to requests to join motions to reopen addressed above, ICE will consider them in the same manner as requests by other class members.  See Section II.C. of the Settlement Agreement.

12. I am a class member, and I think ICE is not complying with the Settlement Agreement.  I want to take action and enforce the Agreement.  Will class counsel represent me?  Or can I have my own attorney represent me?

If you believe that ICE is not complying with the Settlement Agreement, a Conflict Resolution process is available under the Settlement Agreement, where the class member or their attorney (or class counsel) discusses the issue with counsel for ICE.  At any stage, you can choose to be represented by your own attorney.  If you do not have an attorney, it is possible that class counsel may represent you for purposes of the Conflict Resolution process, but class counsel cannot guarantee representation.

If the problem cannot be resolved through the Conflict Resolution procedure within ten business days (or five business days if the issue is about detention or removal), then you or your attorney (or class counsel) may file a motion with the Court to enforce the Settlement Agreement. 

If you believe ICE is not complying with the Settlement Agreement, and wish to notify class counsel and initiate Conflict Resolution procedures with the government, please write to CalderonDispute@wilmerhale.com or:

           WilmerHale

          60 State Street, 2nd Floor

          Boston, MA 02109

          Attn: Kevin Prussia / Calderon

Information sent to these mailboxes should be intended to be able to be shared with counsel for the government in order to initiate the Conflict Resolution process.

If you wish to discuss a possible violation of the settlement with class counsel, but not necessarily notify the government of it or initiate Conflict Resolution procedures yet, you may contact class counsel at calderonclass@aclum.org or 857-347-5511.

13. How long will the settlement be in effect?

The class action settlement took effect after the Honorable Mark L. Wolf, United States District Court Judge for the District of Massachusetts Court, approved it on January 16, 2025 and will be in effect until January 16, 2027. 

Requests to ICE OPLA to join motions to reopen that are submitted by 11:59pm on January 16, 2027 are timely, and the provisions of the settlement regarding joint motions to reopen shall remain in effect until ICE has responded to these timely filed requests.

14. Who can I contact if I have questions?

Additional resources are available in the documents section below, including the full settlement agreement and summaries of it in English, Spanish, Portuguese, Haitian Creole, and Chinese. You may also contact class counsel at calderonclass@aclum.org or 857-347-5511.