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Original Date Announced
January 25, 2017Executive Order 13768 expands enforcement priorities to include noncitizens who have: (i) been convicted of any criminal offense; (ii) been charged with a crime where the charge was not resolved; (iii) committed acts that constitute a crime; (iv) "abused any program related to receipt of public benefits;" (v) engaged in fraud or willful misrepresentation in connection with an official matter or application before a governmental agency; (vi) not complied with a final order of removal, or (vii) "otherwise pose a risk to public safety or national security." Prioritizes for removal noncitizens described in INA sections 212(a)(2), (a)(3), & (a)(6)(C), 235, and 237(a)(2) & (4). EO also reinstates Secure Communities (SComm) and supersedes the Priority Enforcement Program (PEP). EO pledges to expand 287(g) agreements, requires the Attorney General to enforce 8 U.S.C. section 1373 and increase criminal prosecutions of "criminal immigration offenses," and instructs Attorney General and DHS Secretary to deny federal funding to "sanctuary jurisdictions." It also requires DHS to publish lists of counties that do not comply with ICE detainers, pledges to hire "10,000 additional immigration [enforcement] officers" and instructs the State Department to act against recalcitrant countries that do not accept deportations of their nationals. [ID #245]
Executive Order 13768: Enhancing Public Safety in the Interior of the United StatesEffective Date
January 25, 2017Subsequent Trump-Era and Court Action(s)
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May 22, 2017
AG Sessions Memorandum on Sanctuary Jurisdictions
DOJ implementing memo for EO 13768: (1) EO will be applied solely to federal grants administered by DOJ or DHS, and not to other sources of federal funding; (2) DOJ will require jurisdictions applying for certain Department grants to certify their compliance with federal law, including 8 U.S.C. § 1373, as a condition for receiving an award; (3) the term "sanctuary jurisdiction" will refer only to jurisdictions that willfully refuse to comply with 8 U.S.C. 1373.
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August 1, 2018
Ninth Circuit held that withholding funds from "sanctuary jurisdictions" was unlawful
On August 1, 2018 a panel of the Ninth Circuit affirmed a federal district court's ruling that section 9(a) of President Trump's Executive Order 13768 is unconstitutional. Section 9(a) would have withheld funding from sanctuary jurisdictions. The majority held that under the principle of Separation of Powers and the Spending Clause, which vests exclusive power in Congress to impose conditions on federal grants, the Executive Branch may not refuse to disperse the federal grants in question without congressional authorization. Because Congress has not acted, the panel affirmed the district court’s grant of summary judgment to the City and County of San Francisco and the County of Santa Clara. However, given the absence of specific findings underlying the nationwide application of the injunction, the panel vacated the nationwide injunction and remanded for reconsideration and further findings. On August 13, 2019, the district court entered a stipulation and final judgement and order in which plaintiffs withdrew their request for nationwide injunctive relief.
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**Litigation is listed for informational purposes and is not comprehensive.**
Biden Administration Action: Revoked/Replaced
January 20, 20212021.01.20 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 an Executive Order revoking Executive Order 13768 of January 25, 2017, and directing the DOS Secretary, the Attorney General, the DHS Secretary, and other government officials to review any agency actions developed pursuant to Executive Order 13768 and to take action, including issuing revised guidance, as appropriate and consistent with applicable law.
View DocumentCurrent Status
Not in effectMost Recent Action
January 20, 2021 Action: Revoked/Replaced 2021.01.20 Executive Order on the Revision of Civil Immigration Enforcement Policies and PrioritiesJanuary 20, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Presidential OrdersSubject Matter: Detention Interior Sanctuary RestrictionsAssociated or Derivative Policies
- February 20, 2017 DHS memo implementing EO 13768 on "Enhancing Public Safety in the Interior"
- February 21, 2017 ICE implements EO 13767 and EO 13768; directs enforcement against all removable noncitizens and revises detention policy
- February 21, 2017 CBP issues memo to Field Operations implementing EO 13767 and EO 13768
- April 26, 2017 DHS creates Victims of Immigration Crime Enforcement Office
- August 15, 2017 ICE issues enforcement guidance to OPLA attorneys implementing EO 13768
- October 8, 2017 White House releases details on interior enforcement principles and policies
- June 28, 2018 USCIS expands grounds for issuance of NTAs
- June 28, 2018 USCIS retains NTA policy for DACA requestors
Pre Trump-Era Policies
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November 20, 2014
DHS Secretary Jeh Johnson's enforcement priorities memo issued November 20, 2014, prioritized enforcement of immigration laws against noncitizens who posed a danger to national security or had been convicted of certain felonies (Priority 1); noncitizens who were convicted of certain misdemeanors or had significantly abused the visa or visa waiver program (Priority 2); noncitizens who had been issued a final order of removal on or after January 1, 2014 (Priority 3). The Obama administration did not impose 8 U.S.C. section 1373 cooperation as a condition on receipt of federal funds.
Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants (Nov. 20, 2014)
Commentary
Migration Policy Institute Report - Trump Executive Order and DHS Guidance on Interior Enforcement : A Brief Review
Migration Policy Institute summary
Go to articleAIC Summary of EO 13768
Go to articleRevving Up the Deportation Machinery: Enforcement under Trump and the Pushback
The study finds that the engine that fueled ICE’s peak effectiveness—the intersection of federal immigration enforcement with state and local criminal justice systems—is being throttled by state and local policies that limit cooperation with ICE. Nearly 70 percent of ICE arrests in the early Trump months originated with local jails and state prisons, a sizeable share that is nonetheless down from more than 85 percent in fiscal 2008-11. Beyond sanctuary policies, the report finds growing resistance at other levels. Some cities are changing policing practices to reduce noncitizen arrests, such as decriminalizing driving without a license. Immigrant advocates are conducting more “know-your-rights” trainings, teaching people they do not have to open their doors to ICE. And others are mobilizing to monitor ICE operations in the field, or increasing funding for legal representation for those facing removal hearings.
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