DHS Announces New Policies on Immigration Arrest and Deportation Limits

 Posted on October 29, 2021 in Immigration

The laws and policies regarding immigration and deportation have always been a contentious topic, creating great division in the political aisle. Policies can be difficult to keep up with, especially if the person sitting in the Oval Office holds a different political philosophy from his or her predecessor. This has been particularly evident this past year, as President Biden has rescinded many of the policies put in place by the Trump administration.

Last month, the White House announced another major change, putting limits on the number of arrests and deportations that U.S. Immigration and Customs Enforcement (ICE) agents can make. These changes are part of the Biden administration’s effort to restrict immigration arrests and deportations from the interior of the country of undocumented immigrants who have been here for years and are part of the broader community.

Limiting Arrests

The policy change was announced in a memo by Homeland Security Secretary Alejandro Mayorkas. Unless they commit a serious crime, the new policy change will stop the threat of arrest and deportation for undocumented immigrants who have been in the country for years.

The administration issued a similar policy change in February, however, a federal judge in Texas blocked the new rules, stating that the changes were not properly enacted and that the rules meant ICE agents would be violating immigration laws. Although an appeals court did pause the federal judge’s order, this new policy announcement overrides the February memo.

While both policy memos limited who ICE agents should and should not be arrested, this latest memo adds a public safety threat category. Agents should be seeking out immigrants who are suspected of gang activity or have been convicted of an aggravated felony. The memo also now defines public safety threat as a person is or has engaged in “serious criminal conduct.”

Agents are now instructed to examine the “totality of the facts and circumstances” when dealing with someone who has engaged in criminal activity. Some of the factors that agents should consider include:

• What was the gravity of the offense?

• How much harm was inflicted on the victim or victims?

• How sophisticated was the planning and commission of the crime?

• Does the individual have a prior conviction?

• Were there firearms or other weapons involved in the crime?

• Were there any other mitigating factors, such as the age of the individual, how long they have lived in the country, do they have any military background, etc.

Contact a Chicagoland immigration Attorney

With so many immigration policy announcements taking place, it is important to have a Lombard, IL immigration attorney who stays abreast of all these changes, especially if any new policies could have an impact on your immigration status. If you have questions or concerns about your status, call Mevorah & Giglio Law Offices at 630-932-9100 to schedule a free consultation.