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Original Date Announced
February 20, 2017DHS 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 InterestEffective Date
February 20, 2017Subsequent Trump-Era and Court Action(s)
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May 22, 2017
Implementation of Executive Order 13768, "Enhancing Public Safety in the Interior of the United States
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 rescinding and suspending the Trump-era policy memo.
View DocumentBiden Administration Action: Revoked/Replaced
January 20, 2021Executive 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 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 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 DocumentCurrent Status
Not in effectJanuary 20, 2021Acted on by Biden Administration
January 20, 2021Acted on by Biden Administration
September 30, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Interior Detention Sanctuary Restrictions BorderAssociated or Derivative Policies
- January 25, 2017 POTUS issues EO 13768, broadly expanding enforcement priorities and mandating enhancements to interior enforcement
- February 21, 2017 ICE implements EO 13767 and 13768; directs enforcement against all removable noncitizens and revises detention policy
- August 15, 2017 ICE issues enforcement guidance to OPLA attorneys implementing EO 13768
Pre Trump-Era Policies
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November 20, 2014
DHS Secretary Jeh Johnson's 2014 enforcement priorities memo 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)