New Interim Guidance re: Immigration Enforcement
In February, the government issued guidance on civil enforcement priorities. You can check out my post about that here; and read the government’s memo here.
In late May, another memo was issued, though it only came to non-government attention a few days ago. You can download a copy here.
The latest memo again emphasizes the importance of prosecutorial discretion, calling it “an indispensable feature of any functioning legal system” that “can preserve limited government resources, achieve just and fair outcomes nd individual cases, and advance the Department’s mission of administrating and enforcing the immigration laws of the United States in s smart and sensible way”. Among the moments when counsel should be thinking about exercising discretion, the memo notes:
As for enforcement priorities, the May memo match those of the February memo:
- National Security: Noncitizens who have engaged in or are suspected of terrorism or espionage or terrorism-related or espionage-related activities, or whose apprehension, arrest, or custody, is otherwise necessary to protect the national security of the United States.
- Border Security. Noncitizens who were apprehended at the border or a port of entry while attempting to unlawfully enter the United States or or after November 1, 2020, or who were not physically present in the United States before November 1, 2020.
- Public Safety. Noncitizens who have been convicted of an “Aggravated felony” … or who have been convicted of an offense for which an element was active participation in a criminal street gang… and are determined to post a threat to the United States.
See pages 2-3 (emphasis in original).
-KitJ