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Original Date Announced
February 20, 2017DHS memo announces planned implementation of Executive Order 13767 on border security, declares that DHS will no longer grant parole to categories of immigrants on a group-wide basis. The memo asserts that previous administrations' practice of paroling entire classes of immigrants was unlawful and unwise because it created immigration programs not established by Congress and contributed to the crisis at the border. DHS memo directs the heads of USCIS, ICE, and CBP to exercise parole authority only on a case-by-case basis.
The memo also: 1) limits the circumstances in which CBP or ICE can release a noncitizen described in INA 235, 2) orders CBP to hire additional Border Patrol agents, 3) directs CBP and ICE to expand 287(g) agreements, 4) directs CBP and ICE to implement contiguous country returns, 5) provides guidance on credible fear determinations, 6) directs allocations of resources to the border, 7) directs processing of UACs at the border, 8) prioritizes prosecutions for immigration offenses committed at the border, 9) directs CBP and ICE to develop standardized reporting of statistical data, among other changes. [ID #10]
DHS Memo: Implementing the President's Border Security and Immigration Enforcement Improvements PoliciesEffective Date
February 20, 2017Subsequent Trump and Court Action(s)
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July 2, 2018
Damus v. Nielsen (D.D.C. 2018)
In Damus v. Nielsen, 2018 WL 3232515 (D.D.C. July 2, 2018), district court grants a preliminary injunction requiring ICE to comply with its 2009 Parole Directive to parole from immigration detention most individuals who pass a credible fear interview. As of 10/7/21, motions for summary judgment & permanent injunction remain pending in district court.
View Document
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.** -
September 5, 2019
Mons v. McAleenan (D.D.C. 2019)
In Mons v. McAleenan, 2019 WL 4225322 (D.D.C. September 5, 2019), the district court ruled nearly identically to Damus v. Nielsen, but specifically concerning ICE’s New Orleans Field Office. The court held that the New Orleans Field Office was not following the 2009 Parole Directive by denying nearly all asylum-seekers parole and granted a preliminary injunction requiring compliance with the Directive. The court determined that it retained jurisdiction over the proposed class in spite of the government's claimed mootness because the harms in their complaint are capable of repetition yet evading review.
View Document -
October 24, 2024
Mons v. McAleenan Settlement Agreement (10.23.24)
A district court gave preliminary approval to a settlement agreement between ICE and asylum-seeker Plaintiffs in Mons v. McAleenan, requiring ICE to abide by its 2009 Parole Directive and to implement mandatory annual training about the parole policies. The settlement will remain in place for two years or until the 2009 Parole Directive is modified or terminated. If ICE denies parole to an asylum-seeker while the agreement is in effect, the agency will be required to provide a written notice and explanation of the denial to the asylum-seeker and their attorney.
View Document
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 suspending the Trump-era policy memo.
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 EO 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, DHS Secretary Mayorkas issued a memorandum explaining that ICE should use prosecutorial discretion to focus its enforcement on individuals who pose a threat to national security, public safety, and border security. The memo contextualizes this prioritization with analysis of 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 will go into effect on November 29, 2021.
View DocumentCurrent Status
Not in effectMost Recent Action
September 30, 2021 Action: Revoked/Replaced 2021.09.30 Guidelines for the Enforcement of Civil Immigration LawJanuary 20, 2021Acted on by Biden Administration
February 2, 2021Acted on by Biden Administration
September 30, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Agency DirectiveSubject Matter: Humanitarian Interior Border DetentionAssociated or Derivative Policies
- January 25, 2017 POTUS issues EO 13767 on border security and immigration enforcement
Pre Trump-Era Policies
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January 1, 1975
Deferred action, in one form or another, dates back to at least the 1960s. Deferred action guidance was previously contained in the legacy Immigration and Naturalization Service, Operations Instructions § 103.l(a)(l)(ii) (1975). The OI stated: "When determining whether a case should be recommended for deferred action category, consideration should include the following: (1) advanced or tender age; (2) many years' presence in the United States; (3) physical or mental condition requiring care or treatment in the United States; (4) family situation in the United States effect of expulsion; (5) criminal, immoral or subversive activities or affiliations recent conduct."
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November 20, 2014
DHS Secretary Jeh Johnson memo on prioritizing enforcement, which prioritized national security, border security and public safety threats (Priority 1); noncitizens convicted of a serious misdemeanor (Priority 2); and noncitizens recently ordered removed (Priority 3).
Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants (Nov. 20, 2014) -
July 26, 2016
In addition to individual grants of parole, prior administrations have established special parole programs designed to address certain populations, but parole decisions also have required case-by-case adjudication. For example, George W. Bush's administration had established the Cuban Medical Professional Parole program. President Obama had a parole program for people fleeing violence in Central America who failed to secure refugee status.
2016.07.26 U.S. Expands Initiatives To Address Central American Migration Challenges
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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