Original Date AnnouncedJanuary 25, 2017
Executive Order 13768 expands enforcement priorities to include noncitizens who have been convicted of any criminal offense, have been charged with a crime where the charge was not resolved, have committed acts that constitute a crime, "abused any program related to receipt of public benefits," have engaged in fraud or willful misrepresentation in connection with an official matter or application before a governmental agency, have not complied with a final order of removal, or "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 States
Effective DateJanuary 25, 2017
Subsequent Trump-Era Action(s)
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 the Department of Justice or the Department of Homeland Security, 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.View Document
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 in consideration of the Spending Clause, which vests exclusive power to 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.View Document
**Litigation is listed for informational purposes and is not comprehensive.**
August 19, 2021
Texas v. U.S., No. 6:21-cv-00016 (S.D. Texas, Aug. 19, 2021).
On August 19, 2021, Judge Drew B. Tipton of the U.S. District Court for the Southern District of Texas, Victoria Division, enjoined the Biden administration's Jan. 20 and Feb. 18 guidance in regard to enforcement priorities, requiring the executive to fully enforce all immigration statutes.
On August 23, 2021, Judge Drew Tipton of the U.S. District Court for the Southern District of Texas issued a stay, stating that: “As for the actual injunction, the Court grants relief to the extent that it STAYS the applicability of the Preliminary Injunction, (Dkt. No. 79 at 157-58), until Monday, August 30, 2021, at 12:00 p.m. to allow the Defendants time to seek relief at the appellate level.”
On August 27, 2021, the Fifth Circuit extended the district court stay on the preliminary injunction on the Biden immigration enforcement memos indefinitely. (Texas, et al., v. USA, et al., 8/27/21).
**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/ReplacedJanuary 20, 2021
2021.01.20 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 Document
Biden Administration ActionFebruary 18, 2021
Interim Guidance: Civil Immigration Enforcement and Removal Priorities
This Biden administration policy implements the revocation of the Trump-era policy identified in this entry.
On February 18, 2021, ICE issued an interim operating guidance that will temporarily govern its civil immigration enforcement and removal operations. The guidance focuses the agency's enforcement and removal resources on threats to national security, border security and public safety.View Document
Current StatusNot in effectJanuary 20, 2021
Acted on by Biden AdministrationFebruary 18, 2021
Acted on by Biden Administration
Trump-Era Policy Documents
- New Policy
- Prior Policy