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Original Date Announced
February 21, 2017CBP issued a memo implementing EO 13767 and EO 13768. The majority of the memo, directed at OFO Directors, is redacted, but the unredacted portion forecasts the future creation of MPP, and refers to the expansion of expedited removal.
[ID # 1305]
2017-02-21 CBP Memo on EO 13767 and 13768Effective Date
February 21, 2017Subsequent Trump-Era and Court Action(s)
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June 23, 2023
2023.06.23 - United States v. Texas (U.S. 2023)
On June 23, 2023, the Supreme Court held that Texas and Louisiana lacked Article III standing to challenge the Biden administration's September 30, 2021, Guidelines for the Enforcement of Civil Immigration Law. The Court found that the alleged additional costs incurred by the States due to the challenged arrest policy did not comprise a "legally and judicially cognizable" injury “traditionally thought to be capable of resolution through the judicial process.” The Court also recognized that federal courts are generally not the proper forum for resolving claims implicating the Executive Branch’s enforcement discretion, but noted that federal courts could properly adjudicate such cases under different circumstances.
The Biden administration's Guidelines for the Enforcement of Civil Immigration Law are therefore in effect, replacing to the extent relevant the Trump-era policy memo identified in this entry.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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Biden Administration Action: Revoked/Replaced
January 20, 20212021.01.20 Review of and Interim Revision to Civil Immigration Enforcement and Removal Policies and Priorities
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On January 20, 2021, DHS issued a policy memo explicitly rescinding and superseding the Trump-era policy memo.
View DocumentBiden Administration Action: Revoked/Replaced
January 20, 2021Executive Order 13993—Revision of Civil Immigration Enforcement Policies and Priorities
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On January 20, 2021, President Biden issued Executive Order 13993 which revoked the Trump administration’s EO 13768.
View DocumentBiden Administration Action: Revoked/Replaced
February 2, 2021Executive Order 14010 of February 2, 2021
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On February 2, 2021, President Biden issued Executive Order 14010 which revoked the Trump administration’s EO 13767.
View DocumentBiden Administration Action: Revoked/Replaced
September 30, 20212021.09.30 Guidelines for the Enforcement of Civil Immigration Law
This Biden administration policy revokes and modifies the Trump-era policy identified in this entry.
On September 30, 2021, Secretary Mayorkas issued a Department-wide memorandum explaining that personnel should use prosecutorial discretion to focus enforcement on individuals who pose a threat to national security, public safety, and border security. The memo contextualizes this prioritization with data and analysis about the undocumented population within the U.S., the executive's discretion in this area, and the need to protect against civil rights and civil liberties abuses.
This guidance's effective date is November 29, 2021.
View DocumentBiden Administration Action: Other
June 23, 2023Statement from Secretary Mayorkas Regarding the Supreme Court Decision on Immigration Enforcement
After the United States v. Texas decision was released on June 23, 2023, Secretary of Homeland Security Alejandro N. Mayorkas issued a formal statement noting that DHS looked forward to reinstating the Civil Immigration Enforcement Priorities as set forth in the Guidelines for the Enforcement of Civil Immigration Law he originally signed on September 30, 2021. He noted that the guidelines "had been effectively applied by U.S. Immigration and Customs Enforcement (ICE) officers to focus limited resources and enforcement actions on those who pose a threat to our national security, public safety, and border security."
The ICE Office of Partnership and Engagement subsequently circulated an announcement on July 30, 2023 reinstating the Civil Immigration Enforcement Priorities. The ICE Office of the Principal Legal Advisor (OPLA) reinstated Principal Legal Advisor Kerry Doyle’s memorandum dated April 3, 2022 which provides OPLA attorneys with guidance for appropriately executing DHS’s enforcement priorities and exercising prosecutorial discretion.
View DocumentCurrent Status
Not in effectMost Recent Action
June 23, 2023 Action: Other Statement from Secretary Mayorkas Regarding the Supreme Court Decision on Immigration EnforcementJanuary 20, 2021Acted on by Biden Administration
January 20, 2021Acted on by Biden Administration
February 2, 2021Acted on by Biden Administration
September 30, 2021Acted on by Biden Administration
June 23, 2023Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveAgencies Affected: CBPAssociated or Derivative Policies
- January 25, 2017 POTUS issues EO 13768, broadly expanding enforcement priorities and mandating enhancements to interior enforcement
- January 28, 2019 CBP issues guidance for implementing Migrant Protection Protocols (MPP)
- July 23, 2019 DHS designates new categories of migrants for expanded expedited removal to cover persons inside the US more than 100 miles from border