On September 30, 2021, the Department of Homeland Security (DHS) sent a memo to Immigration and Customs Enforcement (ICE) agents, directing them to prioritize apprehending and removing undocumented immigrants who pose a national security threat, a public safety threat, or a border security threat. The guidelines replaced interim guidance that was issued at the beginning of the Biden administration.
What is Considered a Threat to National Security?
ICE agents will prioritize arresting and deporting undocumented immigrants who pose a danger to national security. The individual either has committed terrorism, espionage, or any other related crimes, or is suspected of committing such offenses.
What is Considered a Threat to Public Safety?
ICE agents will prioritize arresting and deporting undocumented immigrants who pose a “current threat” to public safety. The individual either has committed a serious crime or is suspected of committing such a crime. However, agents must weigh all the facts and circumstances of the case before apprehending the individual.
The following are several aggravating factors in favor of enforcement action (e.g., arrest and deportation):
The seriousness of the crime and the criminal penalties, if convicted
The nature of the crime, including any injuries as a result of the offense
How sophisticated is the offense
If the offense was committed using or threats of using a firearm or dangerous weapon
The previous criminal history of the individual
The following are several mitigating factors in favor of declining enforcement action:
How old or young is the individual
How long the individual has continuously been living in the United States
The individual’s legal status
If the criminal act was contributed by physical or mental health condition
The individual has evidence of rehabilitation since the conviction
The conviction has been expunged or vacated
If the individual qualifies for humanitarian protection or other immigration relief
How deportation will impact the individual’s family
If the individual or a family member is in the U.S. military or in public service
What is Considered a Threat to Border Security?
ICE agents will prioritize arresting and deporting undocumented immigrants who pose a threat to border security. A threat to border security means being apprehended at the border or port of entry while attempting to illegally enter the U.S. or being apprehended in the U.S. after illegally entering after November 1, 2020.
When Will the Updated Guidelines be Enforced?
The new priorities from the memo will take effect in 60 days. After the first 90 days, enforcements decision will be subject to rigorous review.
If you are facing deportation in Illinois, Arizona, or Texas, call Gambacorta Law at (847) 443-9303 or complete our online contact form today to let our legal team help you.
