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ICE implements EO 13767 and EO 13768; directs enforcement against all removable noncitizens and revises detention policy

  1. Original Date Announced

    February 21, 2017

    Memo from ICE Executive Associate Director Matthew Albence orders all officers in the Enforcement and Removal Operations (ERO) unit to “take enforcement action against all removable aliens encountered in the course of their duties," noting that DHS no longer exempts classes or categories of noncitizens from enforcement. The memo directs ERO officers to prioritize noncitizens who have been convicted of, charged with, or have committed a criminal offense. It also implements the Executive Orders' end to "catch and release" by describing an effort to expand detention capacity and limiting, to designated circumstances, situations in which noncitizens detained under INA section 235(b) are released. Finally, the memo directs that parole and release be used "sparingly" and reaffirms policy on "unaccompanied alien children." [ID #253]

    ICE Memo: Implementing the President's Border Security and Interior Immigration Enforcement Policies
  2. Effective Date

    February 21, 2017
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  4. Biden Administration Action: Revoked/Replaced

    January 20, 2021

    Executive Order on the Revision of Civil Immigration Enforcement Policies and Priorities

    On January 20, 2021, President Biden issued Executive Order 13993 which revoked the Trump administration’s EO 13768.

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  5. 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. This memo was supplemented a month later by ICE's Interim Guidance on Civil Immigration Enforcement and Removal Priorities (Feb. 18, 2021), https://www.ice.gov/doclib/news/releases/2021/021821_civil-immigration-enforcement_interim-guidance.pdf.

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  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/or border security and take an individualized approach in each case. The memo contextualizes this prioritization with analysis of the U.S. undocumented population, the executive's discretion in this area, and the need to protect against civil rights and civil liberties abuses.

    This guidance went into effect on November 29, 2021.

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  7. Biden Administration Action: Other

    July 8, 2022

    2022.07.08_U.S. v Texas SCOTUS Application

    On July 8, 2022, DOJ filed an emergency application with the Supreme Court, asking the Court to stay the district court's vacatur of the Biden administration's September 30, 2021, Guidelines for the Enforcement of Civil Immigration Law.

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

    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
July 8, 2022
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Detention Interior
Agencies Affected: ICE

Pre Trump-Era Policies

  • 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 memo directed DHS personnel to exercise prosecutorial discretion at all stages of the enforcement process and consider the totality of circumstances when considering whom to prioritize for enforcement actions.

    Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants (Nov. 20, 2014)

Commentary

  • Biden administration halts limits on ICE arrests following court ruling

    CBS News publishes a statement from DHS after the Fifth Circuit's failure to respond to the administration's emergency stay request: "[DHS] said it 'strongly' disagreed with Tipton's order, but that it was complying with it. 'During the appeals process, ICE agents and officers will make enforcement decisions on a case-by-case basis in a professional and responsible manner, informed by their experience as law enforcement officials and in a way that best protects against the greatest threats to the homeland.'"

    Go to article on cbsnews.com

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