New England Deportation Relief for Spouses of U.S. Citizens, Calderon Jimenez Settlement 2025

April 16, 2026

On January 16, 2025, a federal district court approved a significant settlement in Calderon Jimenez v. Mayorkas, a case originally filed in 2018 on behalf of certain U.S. citizens and their noncitizen spouses in New England who are subject to final orders of removal. The settlement, which will remain in effect for two years—from January 16, 2025, through January 16, 2027—establishes important protections and opportunities for eligible families.

Key Provisions of the Settlement

Reopening and Dismissal of Removal Proceedings:
Eligible noncitizen class members may request that their removal proceedings be reopened and dismissed, creating a potential pathway toward obtaining lawful status.

Protection from Enforcement Actions:
During the settlement period, U.S. Immigration and Customs Enforcement (ICE) is generally prohibited from taking enforcement action against class members, unless an individual is deemed to pose a threat to public safety.

This settlement provides a critical window for qualifying families to pursue legal relief without the immediate risk of separation.

Class Membership Criteria

You and your spouse may qualify as class members if the following conditions are met:

  • One spouse is a U.S. citizen;
  • The other spouse is a noncitizen with a final order of removal who has not departed the United States pursuant to that order;
  • The U.S. citizen spouse has filed a Form I-130 (Petition for Alien Relative) on behalf of the noncitizen spouse, and the petition is either pending or approved;
  • You reside in New England (Massachusetts, Rhode Island, Connecticut, Vermont, New Hampshire, or Maine), or the noncitizen spouse is detained within this region;

Additionally, the noncitizen spouse must:

  • Be at least 17 years old; and
  • Not have a pending Form I-485 (Application to Register Permanent Residence or Adjust Status) with U.S. Citizenship and Immigration Services (USCIS).

Importantly, the filing or approval of a Form I-130 does not disqualify an individual from class membership—in fact, it is a required element.

By Nadia Liberg-Cavaliere

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