Pause on Deportations & Changes in Enforcement Priorities
Official Memorandum HERE
Executive Order rescinding prior priorities HERE
Effective 02/01/2021: Re-institutes priorities for immigration enforcement (includes decisions to arrest, detain, issue notices to appear, and join in motions to admin close or terminate cases in court.)
Priority 1: Individuals who pose a risk to the national security of the United States.
Priority 2: Individuals apprehended at the border on or after Nov. 1, 2020 or who were not physically present in the US before Nov. 1, 2020.
Priority 3: Individuals incarcerated in federal/state/local prisons jails released on or after 1/21/2021 who were convicted of an aggravated felony as defined in the immigration laws and are determined to post a threat to public safety.
Directs Acting Director of ICE to issue operational guidance and create protocols for periodic review of these policies by DHS Secretary and allows for arrests of individuals outside of these priorities with process to be determined by ICE Director.
ENJOINED: Effective no later than 01/22/2021: Pauses most deportations for 100 days.
Asks for review of enforcement policies and practices and for recommendations from each department on how to improve.
Applies to individuals with final orders of removal except individuals who:
Have engaged in terrorism or espionage or a danger to the US (with written finding by ICE Director) OR
Was not physically in the US before Nov. 1, 2020; OR
Has voluntarily waived their rights to remain in the US and has been made aware of consequences of the waiver and been given meaningful opportunity to speak to a legal representative.
When the Director of ICE and the General Counsel make an individual determination that removal is required by law.
Acting Director of ICE will issue operational guidance on how to implement this pause.
Will look into alternatives to deportation on individual cases.