“Among President Joe Biden’s key campaign promises on immigration was to end Trump-era policies that threatened all undocumented immigrants with deportation and to identify new priorities for enforcement that protect families, workers, and longtime residents. New guidance issued Thursday is a step toward fulfilling that promise, but it still leaves individual immigration enforcement officers with significant decision-making power.
According to a memo from acting US Immigration and Customs Enforcement Director Tae Johnson, the agency will now prioritize people who pose a threat to national security or public safety for deportation, as well as recent arrivals. Specifically, that includes those who have engaged in terrorism or espionage or are suspected of doing so, people over the age of 16 who are members of criminal gangs and transnational criminal organizations, and people who arrived in the US after November 1, 2020. People who were apprehended while trying to cross the border without authorization at any point, even before November 1, are also being targeted.
The memo doesn’t make people with criminal records into automatic enforcement targets, but it does prioritize those convicted of certain offenses classified as “aggravated felonies” — which can include filing a false tax return or failing to appear in court. While those crimes might appear relatively minor, the Obama administration’s deportation guidance targeted people with just a single “significant misdemeanor.”
The memo represents a departure from Trump-era policies in which any immigrant — regardless of whether they had committed crimes or how long they had resided in the US — could have been targeted by ICE, sometimes in wide-scale raids. But it’s less clear whether the memo will allow the Biden administration to meaningfully advance from the Obama-era status quo on immigration enforcement, in which “felons, not families” were supposed to be deported as part of reforms that ICE largely ignored.”
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““Despite what some critics may claim, this memo does not block immigration enforcement, but rather makes very clear that ICE officers retain discretion and that no one is completely off limits from apprehension, detention, or removal,””
https://www.vox.com/2021/2/19/22290118/biden-ice-immigration-enforcement-memo