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Original Date Announced
September 25, 2020ICE updated its guidance on its response to the COVID-19 pandemic. Previously, ICE had stated that it would “exercise discretion to delay enforcement actions until after the crisis.” The modified policy states that the agency "can properly and safely carry out operations." The agency is focusing on "public safety threats and those subject to mandatory detention." [ID #1107]
ICE - New COVID Guidance on Enforcement (Oct. 28, 2020)Effective Date
September 25, 2020Subsequent Trump and Court Action(s)
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June 10, 2022
Texas v. United States Set Aside Order
Texas District Court Judge Drew Tipton issued a memorandum opinion and order in Texas v. United States, vacating the civil immigration enforcement guidelines issued by Secretary Mayorkas as arbitrary and capricious, contrary to law, and failing to observe procedure under the Administrative Procedure Act.
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July 6, 2022
2022.07.06 TX v. US Fifth Circuit Order
On July 06, 2022, the Fifth Circuit agreeing with the district court's decision denied the federal government's motion for a stay of pending appeal.
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July 21, 2022
2022.07.21 TX v. US Supreme Court Order
On July 21, 2022, the Supreme Court denied the government's motion for a stay of the district court's order. However, the Supreme Court did grant certiorari before judgement and set the case for argument in December 2022.
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June 6, 2023
2023.06.23 TX v. US Supreme Court Opinion
On June 23, 2023, the Supreme Court held in Texas v. United States that plaintiffs lacked standing to sue. As a result, the Supreme Court reversed the District Court's order, which allowed the Biden administration policy to be enforced.
**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: Modified
September 30, 2021Secretary Mayorkas Announces New Immigration Enforcement Priorities
This Biden administration policy modifies the Trump-era policy identified in this entry.
The Biden administration issued new civil immigration enforcement guidance prioritizing the apprehension and removal of noncitizens who pose a threat to national security, public safety, and border security.
View DocumentCurrent Status
Not in effectMost Recent Action
September 30, 2021 Action: Modified Secretary Mayorkas Announces New Immigration Enforcement PrioritiesSeptember 30, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Change in PracticeSubject Matter: InteriorAgencies Affected: ICEAssociated or Derivative Policies
- September 12, 2020 COVID-19: ICE reportedly resumes arrests after pausing due to pandemic
Pre Trump-Era Policies
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March 18, 2020
Previously, ICE had stated that it would “exercise discretion to delay enforcement actions until after the crisis” for those individuals who do not fall in the above categories. ICE also removed language concerning its sensitive locations policy. Previously, ICE had stated that it would “not carry out enforcement operations at or near health care facilities.”
AILA - ICE Issues Guidance on COVID-19
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
ICE guidance on COVID-19
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Prior Policy
Original Source:
Prior ICE guidance on COVID-19
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Subsequent Action
Original Source:
2022.06.10 Texas v. United States Set Aside Order
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Subsequent Action
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Subsequent Action
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Subsequent Action
Original Source:
2023.06.23 TX v. US Supreme Court Opinion
- Commentary
Biden Administration Policy Documents
To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
Commentary
ICE to resume the arrests of non-criminal migrants _ Miami Herald
U.S. immigration officials quietly announced they would resume regular apprehension and detention practices, an apparent reversal from an earlier temporary suspension of non-criminal enforcement due to the COVID-19 pandemic.
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