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DHS implements EO 13767 on "Border Security and Immigration Enforcement Improvements"

  1. Original Date Announced

    February 20, 2017

    DHS 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 Policies
  2. Effective Date

    February 20, 2017
  4. Biden Administration Action: Revoked/Replaced

    January 20, 2021

    2021.01.20 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 Document
  5. Biden Administration Action: Revoked/Replaced

    February 2, 2021

    Executive 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 Document
  6. Biden Administration Action: Revoked/Replaced

    September 30, 2021

    2021.09.30 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 Document

Current Status

Not in effect

Most Recent Action

September 30, 2021 Action: Revoked/Replaced 2021.09.30 Guidelines for the Enforcement of Civil Immigration Law
January 20, 2021
Acted on by Biden Administration
February 2, 2021
Acted on by Biden Administration
September 30, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Agency Directive
Agencies Affected: USCIS CBP ICE

Associated or Derivative Policies

Pre Trump-Era Policies

  • 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 ยง 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."

  • 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

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