Homeland Security Secretary Alejandro Mayorkas issued broad new directives to immigration officers, saying that the fact that someone is an undocumented immigrant “should not alone be the basis” of a decision to detain and deport them from the United States.
New Guidelines and prioritization of deportations
With the September 30th Memo, DHS is changing it’s basis for deporting undocumented noncitizens, whereas originally any undocumented noncitizen identified may have been pursued and processed for deportation at the very broad discretion of federal agents, this memo serves as a guideline as to who, how and under what circumstances should they pursue removal, and even goes on to list examples of factors that would mitigate to an extent the prioritization of removal.
The new guidelines will prioritize for apprehension and removal noncitizens who are a threat to our national security, public safety, and border security.
1. Threat to National Security
A noncitizen who engaged in or is suspected of terrorism or espionage, or terrorism-related or espionage-related activities, or who otherwise poses a danger to national security, is a priority for apprehension and removal.
2. Threat to Public Safety
A noncitizen who poses a current threat to public safety, typically because of serious criminal conduct, is a priority for apprehension and removal. Whether a noncitizen poses a current threat to public safety is not to be determined according to bright lines or categories. It instead requires an assessment of the individual and the totality of the facts and circumstances. There can be aggravating factors that militate in favor of enforcement action. Such factors can include, for example:
- the gravity of the offense of conviction and the sentence imposed;
- the nature and degree of harm caused by the criminal offense;
- the sophistication of the criminal offense;
- use or threatened use of a firearm or dangerous weapon;
- a serious prior criminal record.
Conversely, there can be mitigating factors that militate in favor of declining enforcement action. Such factors can include, for example:
- advanced or tender age;
- lengthy presence in the United States;
- a mental condition that may have contributed to the criminal conduct, or a physical or mental condition requiring care or treatment;
- status as a victim of crime or victim, witness, or party in legal proceedings;
- the impact of removal on family in the United States, such as loss of provider or caregiver;
- whether the noncitizen may be eligible for humanitarian protection or other immigration relief;
- military or other public service of the noncitizen or their immediate family; 3
- time since an offense and evidence of rehabilitation;
- conviction was vacated or expunged.
The above examples of aggravating and mitigating factors are not exhaustive.
3. Threat to Border Security
A noncitizen who poses a threat to border security is a priority for apprehension and removal. A noncitizen is a threat to border security if: (a) they are apprehended at the border or port of entry while attempting to unlawfully enter the United States; or (b) they are apprehended in the United States after unlawfully entering after November 1, 2020.
What Are Protected Areas from deportation?
The Department of Homeland Security further expanded on the guidelines in October, hereby delineating certain areas as protected from deportation actions, meaning these areas would not be pursued by federal law enforcement.
Some examples of protected areas include, but are not limited to:
- Schools, such as known and licensed daycares, pre-schools, and other early learning programs; primary schools; secondary schools; post-secondary schools up to and including colleges and universities; as well as scholastic or education-related activities or events
- Medical treatment and healthcare facilities, including COVID-19 vaccination locations
- Places of worship or religious study, such as churches, synagogues, mosques, and temples
- Places where children gather such as a playground, recreation center, childcare center, before- or after-school care center, foster care facility, group home for children, or school bus stop
- Social services establishments such as a crisis center, domestic violence shelter, victims services center, child advocacy center, supervised visitation center, family justice center, community-based organization, facility that serves disabled persons, homeless shelter, drug or alcohol counseling and treatment facility, or food bank or pantry or other establishment distributing food or other essentials of life to people in need
- Disaster or emergency response and relief centers
- Religious or civil ceremonies or observances, such as funerals and weddings
- Public demonstrations, such as parades, demonstrations, or rallies
What Effect Will These Changes Have?
These changes will undoubtedly serve to grant some measure of peace of mind to the undocumented noncitizens that have built ties to their communities throughout the years. Many of whom actively help in our civil communities as providers and caregivers for their families.
If you have any other questions regarding new DHS policies in the United States, contact Attorney Eric Price.
Contact Attorney Eric Price Today!
Attorney Eric Price and his team are immigration law experts. They keep up with changing immigration laws and policies and bring their clients the most accurate and up-to-date information in order to build the strongest cases and solidify their futures in America. If you’d like to learn more about how Attorney Eric Price can help you claim your piece of the American Dream, contact him today.
