The Department of Homeland Security under Secretary Kristi Noem is facing criticism after immigration attorneys revealed that federal lawyers have attempted to restart deportation proceedings against immigrants who are dead, part of a broader push to revive long-dormant cases in immigration courts, according to the Los Angeles Times.
In one case, Los Angeles attorney Patricia Corrales said the government moved to reopen the file of construction worker Helario Romero Arciniega, whose deportation case was closed seven years ago after he qualified for a crime victim visa. Romero Arciniega died six months before DHS filed the motion. “They don’t do their homework,” Corrales said. “They’re very negligent in the manner in which they’re handling these motions to re-calendar.”
We are ENDING the age cap for ICE law enforcement. Qualified candidates can now apply with no age limit.https://t.co/SoBO0HH9Yc pic.twitter.com/PUC9FyXvIH
— Secretary Kristi Noem (@Sec_Noem) August 6, 2025
The revivals are tied to DHS’s strategy under Noem to increase removals by targeting the pool of administratively closed cases, a tool used for decades to ease court backlogs and allow immigrants to pursue other forms of legal relief. Immigration attorneys say the Noem-led agency’s Office of Principal Legal Advisor has inundated courts with nearly identical motions to revive cases, often without checking whether the individuals are alive, have obtained legal status, or still reside in the United States.
Lawyers report scrambling to track down clients from cases that were shelved more than a decade ago. Some original attorneys have died, and in other instances, clients have already received visas or other legal protections. “It’s bad faith doing it like that,” said attorney Mariela Caravetta, who has been hit with 30 such motions since June, each requiring a response within 10 days.
Immigrants caught in the sweep describe the experience as destabilizing and frightening. Jesus Adan Rico, a 29-year-old HVAC student and DACA recipient in California, learned his case was back on the docket eight weeks ago despite a valid deferred status until 2027. His original lawyer had passed away, and he only found out through a call from the attorney’s daughter. “It’s been 10 years, and all of a sudden our lives are on hold again,” Rico said.
We are ENDING the age cap for ICE law enforcement. Qualified candidates can now apply with no age limit.https://t.co/SoBO0HH9Yc pic.twitter.com/PUC9FyXvIH
— Secretary Kristi Noem (@Sec_Noem) August 6, 2025
Maria Torres, brought to the U.S. at age 2, had her proceedings paused after marrying a U.S. citizen and was close to finalizing her green card when she got word that DHS wanted her case reopened. “I just felt my heart sink,” she said.
Under the policy push, judges are being urged to use their discretion to revive cases on the grounds that the individuals never obtained permanent residency. Critics say this approach risks wrongful deportations, clogs already overburdened courts, and pressures immigrants into situations where a missed hearing could trigger an in-absentia deportation order and years-long reentry bans.
Noem’s DHS has not addressed the specific issue of deceased immigrants being targeted but has defended the broader recalendaring drive as a matter of law enforcement. A spokesperson for the department framed the effort as resuming “removal proceedings” that had been indefinitely delayed under prior leadership.
For immigration attorneys, the practice highlights what they call a quota-driven enforcement mentality that values numbers over due process. “People aren’t getting due process,” Caravetta said. “These cases have been sleeping for 10 years. In some, the people aren’t even alive to defend themselves.”
