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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: a) 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; 4) restores the Secure Communities program; 5) directs ICE and CBP to expand 287(g) agreements; 6) narrows exercise of prosecutorial discretion; 7) establishes the VOICE office (Victims of Immigration Crime Engagement); 8) indicates that parole should not be granted for "predesignated categories;" and 9) 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.

    View Document
  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.

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

    This guidance goes into effect on November 29, 2021.

    View Document

Current Status

Not in effect
January 20, 2021
Acted on by Biden Administration
January 20, 2021
Acted on by Biden Administration
September 30, 2021
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

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