OPERATION BROKEN PROMISE AND VOLUNTARY DEPARTURES EXPLAINED

Operation Broken Promise is an immigration enforcement measure implemented by Immigration and Customs Enforcement (ICE) to target and arrest noncitizens who had previously agreed to a voluntary departure but never left. In some cases, undocumented noncitizens are left with a choice to either agree to leave the country by a certain date or be forced to by a formal deportation. The main benefit of an agreement for voluntary departure is that you are not prohibited from seeking a legal return to the United States in the future. If you are deported, you face an automatic bar to legal reentry into the United States. Voluntary departure is not available in all immigration cases. An individual may be permitted a voluntary departure as opposed to deportation if the immigration judge finds that:

• The individual has been physically present in the United States for at least one year immediately before the notice to appear was properly served;
• The individual is and has been a person of good moral character for at least the most recent five years;
• The individual is not deportable under section 1227(a)(2)(A)(iii) or section 1227(a)(4) of the INA; and
• The individual has convinced the court by clear and convincing evidence that he or she intends to depart the United States and has the means to do so.

While most people follow through with their agreement to voluntarily depart, not everyone does. If an individual agrees to voluntarily depart, and then fails to do so, they are subject to arrest and face other penalties.

The penalties for a failure to depart as promised through an agreement for voluntary departure include:

• A fine of not less than $1,000 and not more than $5000; and
• Becoming ineligible to file for relief under various sections of the Immigration and Nationality Act (INA) for a period of 10 years.

Note: Any illegal reentry after a formal deportation is a felony charge that is punishable by up to 20 years in prison upon conviction. If you have specific questions about you or a loved one’s immigration case, it is important to seek the advice of an experienced deportation and removal attorney as soon as possible.

ICE RELEASES UPDATE ON ENFORCEMENT

In November 2020, ICE officials announced Operation Broken Promise as a nationwide effort to arrest and remove individuals who have not “kept their promise” to the United States government when they agreed to a voluntary departure. Individuals who are granted a voluntary departure typically have between 60 to 120 days to arrange travel and leave the United States. As of the latest press release from ICE, more than 150 individuals have been arrested by ICE Enforcement and Removal (ERO) officers. 117 of these individuals were people who failed to depart within the agreed upon time frame. This leaves 30+ individuals who were taken into ICE custody for other reasons. This enforcement measure is expected to continue until any change in policy is made by the federal government.

HOW DOES THIS AFFECT ME?

Hopefully, this doesn’t affect you. But if you or a loved one is facing the possibility of deportation or removal, then this can affect you directly. An agreement for voluntary departure is not one that is given to everyone, and as such, the federal government has an interest in enforcing its agreements with those it feels were given a break and not forced to face the normal deportation process and consequences. We expect that enforcement measures such as this to continue even through a Biden presidency. If you have questions related to voluntary departure, deportation, and how the process works to fight to stay in the United States, then give us a call at Bajoka Law today so we can help.