The Biden Administration, on Thursday, unveiled New Enforcement Priorities for its Border Officials, continuing a Focus on those with a serious Criminal Record while Encouraging Immigration Officers to weigh the Totality of a Migrant's Circumstances before seeking to Deport them.
A New Memo from the Department of Homeland Security (DHS), to each of its Border Enforcement Agencies, builds on earlier Memos, directing Oofficers to use their Discretion before Deporting. It encourages them to focus on the Severity of a Crime while avoiding Deportation of those who have lived in the U.S. for years without Incident.
"The majority of undocumented noncitizens who could be subject to removal -- the majority of the more than 11 million people -- have been contributing members of our communities for years," DHS Secretary, Alejandro Mayorkas, said on a Call with Reporters.
"The fact that an individual is a removable noncitizen should not alone be the basis of an enforcement action against them. We focus our resources because they are limited, and because of our dedication to doing justice."
The Seven-page Memo directs Immigration and Customs Enforcement (ICE) Officers to consider the Gravity, Severity, and Sophistication of a Crime committed by a Noncitizen, including whether a Gun or other Weapon was used, as well as whether the Individual has a Prior Criminal Record.
But it also Outlines several Mitigating Factors, noting that Officer can consider:
- Advanced or Tender Age
- Their Length of Presence in the U.S.
- Whether a Migrant was a Victim of or Witness to a Crime.
- Whether their Removal would lead to Loss of a Provider or Caregive.
- Whether they have shown Evidence of Rehabilitation or had their Criminal Record Expunged.
The Memo is a Departure from the Agency's earlier Interim Enforcement Priorities, that encourages ICE Officers to Focus on those who had Committed an Aggravated Felony.
"To treat people in questions of a public safety threat, categorically like that, actually, is not effective, [and] could lead to ineffective, and unjust results. And so therefore, we are requiring, and frankly, empowering our workforce, critically empowering our workforce, to exercise their judgment, their law enforcement judgment, make individual case-by-case determinations based on the totality of the facts and circumstances and answered the question whether the individual indeed poses a current threat to public safety," Mayorkas said.
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