UPDATE ON ICE’S DETENTION AND REMOVAL POLICY
Although the Department of Homeland Security (DHS) will continue to prioritize the deportation of those with a history of criminal or fraudulent acts, everyone who is deportable is now a target for deportation.
The only exceptions are those non-criminals who fit into the requirements for DACA, EXPANDED DACA, or DAPA (whether or not they applied for and received those benefits).
DACA
Those who were under the age of 31 on June 15, 2012, who entered the United States before June 15, 2007 before the age of 16, and who meet specific educational and public safety criteria.
Expanded DACA
Those who entered before the age of sixteen, regardless of how old they were on June 15, 2012 or how old they are today, have been in the USA at least five years, and who meet the other educational and public safety criteria.
DAPA
Adults who have been in this country since January 1, 2010, are the parents of U.S. citizens or lawful permanent residents, and who are otherwise not enforcement priorities, as set forth in ICE’s November 20, 2014 memorandum entitled Policies for the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum.
On February 20, 2017, the White House issued a memorandum which addressed the implementation of the president’s January 25, 2017 Executive Order. The memorandum is entitled “Enhancing Public Safety in the Interior of the United States.”
It constitutes guidance for all Department of Homeland Security personnel regarding the enforcement of the immigration laws of the United States, and is applicable to the activities of U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS). As such, it seeks to provide guidance concerning enforcement and removal activities, detention decisions, administrative litigation, budget requests and execution, and strategic planning.
The February 20, 2017 Memo states that “the Department no longer will exempt classes or categories of removable aliens from potential enforcement.” This announcement marks a dramatic change in U.S. immigration policy from recent years. Under the Obama administration’s Priority Enforcement Program, certain types of immigrants were not targeted for deportation, a strategy that allowed the Department of Homeland Security (DHS) to devote its resources to deporting those immigrants (1) with serious criminal offenses or (2) those who posed a threat to national security.
Now, however, every person who is deportable is a target for deportation. Although DHS will continue to prioritize the deportation of serious criminal offenders, and those who pose a threat to national security, in the name of public safety, it will now do so while also deporting immigrants who do not fall into any of the priority categories. In order to facilitate this sizeable increase in DHS’ workload, DHS Secretary Kelly has announced that he will be hiring an additional 10,000 ICE officers as soon as that is possible.
