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Original Date Announced
January 25, 2017Executive Order 13767 directs DHS to: secure the southern border through construction of a physical wall; detain and promptly remove apprehended individuals; engage with state and local governments and enter into 287(g) immigration enforcement agreements; build detention facilities; expand expedited removal to the interior; adopt a return-to-Mexico policy; end "catch and release" and "abuse of the parole and asylum provisions;" as well as other enforcement measures. [ID #246]
Executive Order 13767: Border Security and Immigration Enforcement ImprovementsEffective Date
January 25, 2017Subsequent Trump and Court Action(s)
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June 24, 2022
2022.06.10 Texas v. U.S. (S.D. Tex. 2022)
On June 10, 2022, a federal judge in the Southern District of Texas vacated the September 30, 2021 Biden administration memo issued by DHS Secretary Mayorkas directing ICE agents to prioritize deporting undocumented immigrants who are public safety or national security threats. The court found that the Memo operates as a rule regarding the detention of noncitizens and was issued contrary to two mandatory detention statutes, INA § 236(c) and INA § 241(a)(2), violated the Administrative Procedure Act (APA), and must be vacated.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
View Document -
June 23, 2023
2023.06.23 - United States v. Texas (U.S. 2023)
On June 23, 2023, the Supreme Court held that Texas and Louisiana lack Article III standing to challenge the Biden administration's September 30, 2021, Guidelines for the Enforcement of Civil Immigration Law. The Court found that the alleged additional costs incurred by the States due to the challenged arrest policy did not comprise a "legally and judicially cognizable" injury “traditionally thought to be capable of resolution through the judicial process.” Raines v. Byrd, 521 U. S. 811, 819 (1997). The Court also recognized that federal courts are generally not the proper forum for resolving claims implicating the Executive Branch’s enforcement discretion over arrests and prosecutions, but noted that federal courts could properly adjudicate such cases under different circumstances.
The Biden administration's Guidelines for the Enforcement of Civil Immigration Law were reinstituted following the judgment are therefore in effect.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
View Document
Biden Administration Action: Revoked/Replaced
February 2, 2021Creating a Comprehensive Regional Framework To Address the Causes of Migration, To Manage Migration Throughout North and Central America, and To Provide Safe and Orderly Processing of Asylum Seekers at the United States Border
This Biden Administration policy revokes in its entirety the Trump-era policy identified in this entry.
On February 5, 2021, President Biden issued an Executive Order revoking several related policies and declaring pursuit of "a multipronged approach toward managing migration throughout North and Central America that reflects the Nation’s highest values."
View DocumentBiden Administration Action
September 30, 2021Secretary Mayorkas Announces New Immigration Enforcement Priorities
Secretary of Homeland Security Alejandro N. Mayorkas announced new guidelines for the enforcement of civil immigration law, directing agents to prioritize apprehending immigrants for deportation who are involved in crimes and security threats. The memo also directs ICE agents to take into consideration factors such as how long an immigrant has lived in the U.S., whether they are of advanced age, and whether they have U.S.-born children in deciding whether to apprehend them.
View DocumentBiden Administration Action: Modified
June 25, 2022Biden administration halts limits on ICE arrests following court ruling
This Biden administration policy modifies and restores in part the Trump-era policy identified in this entry.
On June 25, 2022, the Biden administration halted its formal enforcement priorities to comply with the above court ruling.
View DocumentBiden Administration Action: Other
June 23, 2023Statement 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.
View DocumentBiden Administration Action: Other
July 28, 2023Reinstatement 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.
View DocumentCurrent Status
Not in effectMost Recent Action
July 28, 2023 Action: Other Reinstatement of the Immigration Enforcement Priorities Post SCOTUS RulingFebruary 2, 2021Acted on by Biden Administration
September 30, 2021Acted on by Biden Administration
June 25, 2022Acted on by Biden Administration
June 23, 2023Acted on by Biden Administration
July 28, 2023Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Presidential OrdersAssociated or Derivative Policies
- February 17, 2017 CBP issues memo on hiring to comply with EO 13767
- February 20, 2017 DHS implements EO 13767 on "Border Security and Immigration Enforcement Improvements"
- February 21, 2017 DHS issues extensive Q&A on EO 13767, including on the border wall, targeting child smuggling, and increasing ICE's detention capacity
- February 21, 2017 ICE implements EO 13767 and EO 13768; directs enforcement against all removable noncitizens and revises detention policy
- April 12, 2017 Draft DHS progress report on EO 13767 implementation
- April 6, 2018 POTUS issues memorandum ending "catch and release" at the border
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
Border Security and Immigration Enforcement Improvements
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Subsequent Action
Original Source:
Texas v. United States (S.D. Tex. June 10, 2022)
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Subsequent Action
Original Source:
United States Supreme Court Holding for U.S. v. Texas
Biden Administration Policy Documents
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