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DHS memo implementing EO 13768 on "Enhancing Public Safety in the Interior"

  1. Original Date Announced

    February 20, 2017

    DHS memo implements EO 13768 (Jan. 25, 2017). The memo: 1) directs ICE to hire 10,000 additional agents; 2) prioritizes for removal immigrants who (a) are convicted of, charged with, or who have committed a crime; (b) engaged in fraud, willful misrepresentation or abuse of a public benefits program; (c) are subject to a final order of removal; or (d) pose a public safety or national security threat; 3) restores the Secure Communities program; 4) directs ICE and CBP to expand 287(g) agreements; 5) narrows exercise of prosecutorial discretion; 6) establishes the VOICE office (Victims of Immigration Crime Engagement); 7) indicates that parole should not be granted for "predesignated categories"; and 8) no longer affords Privacy Act rights to persons who are not citizens or LPRs. [ID #252]

    DHS Memo: Enforcement of the Immigration Laws to Serve the National Interest
  2. Effective Date

    February 20, 2017
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  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 rescinding and suspending the Trump-era policy memo. This memo was supplemented a month later by ICE's Interim Guidance on Civil Immigration Enforcement and Removal Priorities (Feb. 18, 2021), https://www.ice.gov/doclib/news/releases/2021/021821_civil-immigration-enforcement_interim-guidance.pdf.

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  5. Biden Administration Action: Revoked/Replaced

    January 20, 2021

    Executive Order on the 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.

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  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 in the U.S., the executive's discretion, and the need to protect against civil rights and civil liberties abuses.

    This guidance went into effect on November 29, 2021.

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  7. Biden Administration Action: Other

    June 23, 2023

    Statement from Secretary Mayorkas Regarding the Supreme Court Decision on Immigration Enforcement

    After the United States v. Texas decision was issued on June 23, 2023, Secretary of Homeland Security Alejandro N. Mayorkas released 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 originally signed by Secretary Mayorkas on September 30, 2021.

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  8. Biden Administration Action: Other

    July 28, 2023

    Reinstatement of the Immigration Enforcement Priorities Post SCOTUS Ruling

    According to an August 15, 2023, stakeholder update from the ICE Office of Partnership and Engagement (OPE), the Department's Civil Immigration Enforcement Priorities were reinstituted on July 28, 2023, following the Supreme Court's decision in United States v. Texas. The OPE update further states that the ICE Office of the Principal Legal Advisor (OPLA) reinstated Principal Legal Advisor Kerry Doyle’s memorandum from April 2022 which provides OPLA attorneys with guidance for appropriately executing DHS’s enforcement priorities and exercising prosecutorial discretion.

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Current Status

Not in effect

Most Recent Action

July 28, 2023 Action: Other Reinstatement of the Immigration Enforcement Priorities Post SCOTUS Ruling
January 20, 2021
Acted on by Biden Administration
January 20, 2021
Acted on by Biden Administration
September 30, 2021
Acted on by Biden Administration
June 23, 2023
Acted on by Biden Administration
July 28, 2023
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Agencies Affected: CBP ICE

Pre Trump-Era Policies

Commentary

  • Biden administration halts limits on ICE arrests following court ruling

    CBS News publishes a statement from DHS after the Fifth Circuit's failure to respond to the administration's emergency stay request: "[DHS] said it 'strongly' disagreed with Tipton's order, but that it was complying with it. 'During the appeals process, ICE agents and officers will make enforcement decisions on a case-by-case basis in a professional and responsible manner, informed by their experience as law enforcement officials and in a way that best protects against the greatest threats to the homeland.'"

    Go to article on cbsnews.com

Documents

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