What Happens if DHS Adds New Charges During Removal Proceedings?
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Removal cases do not always stay exactly the same. According to federal regulations, the Department of Homeland Security may lodge additional or substituted charges against you at any time during proceedings, including after your case is already underway. This can feel unsettling, but understanding your rights can help you respond effectively.
You should know that:
- You must be served with a copy of the additional charges.
- You will be given an opportunity to respond to the allegations.
- Proper responses matter, as new charges can change your case’s direction.
At Kriezelman Burton & Associates, LLC, our attorneys have decades of experience guiding immigrants and their families through the various stages of removal proceedings. Below, we answer the most pressing questions about what happens when DHS adds new charges to your case.
How Are You Notified of New or Changed Charges?
When DHS lodges additional charges, federal regulations require specific notification steps:
- DHS must serve you with a copy of the new charges or allegations.
- The immigration judge must read these charges aloud to you during your hearing.
- If you do not have an attorney, the judge must inform you of your right to representation.
This process exists so you can understand what the government is claiming against you.
What Can New Charges Change About Your Case?
Additional charges can reshape your case in a few significant ways:
- New grounds for removal: DHS may cite a different section of law entirely, altering the legal basis of your case.
- New factual allegations: DHS may introduce claims that require new evidence or testimony to address.
- Eligibility shifts: A new charge may affect which forms of relief remain available to you.
Because these changes can be made well into an ongoing case, you may need to revisit your entire legal strategy depending on what the government alleges.
How Can You Respond to or Contest Additional Charges?
You are not required to simply accept the new charges against you. Federal regulations grant access to specific options, such as:
- Reasonable continuance (a legal delay of court proceedings) so you and your attorney can review the new allegations.
- The opportunity to plead to (admit or deny) the new charges.
- The opportunity to present counter-evidence or legal arguments disputing the new claims.
Working with an attorney at this stage helps you build a response that directly addresses the government’s new position.
How Might New Charges Affect Relief Eligibility or Hearing Dates?
New charges often trigger changes to your case timeline and options. A continuance may push back your next hearing date, giving your legal team time to adjust your strategy. Additionally, certain forms of relief, such as asylum, cancellation of removal, or adjustment of status, may become unavailable or newly available, depending on the nature of the new allegations. In some cases, new charges may even introduce entirely new avenues for relief that were not previously part of your case.
Because these shifts can be so consequential, prompt legal guidance often makes the difference in how your case unfolds.
Facing New Charges? Talk to Our Team Today
When the government notifies you of additional or different charges during removal proceedings, it can feel like the ground is shifting beneath you. You do not have to face this process alone. Our attorneys at Kriezelman Burton & Associates, LLC bring decades of combined experience guiding clients through the challenges of immigration law, including complicated or evolving removal cases. Do not hesitate to reach out today to discuss your options with an experienced removal defense attorney.
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