On January 20, 2021 the Department of Homeland Security (DHS) issued a MEMORANDUM directing U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE), U.S. Citizenship and Immigration Services (USCIS) to conduct a review of policies and practices concerning immigration enforcement.
The Department-wide guidance includes a 100-day pause on certain removals while DHS conducts a Department-wide review of policies and practices concerning immigration enforcement. The review requires that each component of DHS develop recommendations to address aspects of immigration enforcement, including policies for prioritizing the use of enforcement personnel, detention space, and removal assets; policies governing the exercise of prosecutorial discretion; policies governing detention; and policies regarding interaction with state and local law enforcement
The specifically directs an immediate pause on removals of any noncitizen with a final order of removal (except as noted below) for 100 days to go into effect as soon as practical and no later than January 22, 2021. The pause on removals applies to any noncitizen present in the United States when this directive takes effect with a final order of removal except one who:
1. According to a written finding by the Director of ICE, has engaged in or is suspected of terrorism or espionage, or otherwise poses a danger to the national security of the United States; or
2. Was not physically present in the United States before November 1, 2020; or
3. Has voluntarily agreed to waive any rights to remain in the United States, provided that he or she has been made fully aware of the consequences of waiver. “Noncitizen” as used in this memorandum does not include noncitizen nationals of the United States.
and has been given a meaningful opportunity to access counsel prior to signing the waiver; or
4. For whom the Acting Director of ICE, following consultation with the General Counsel, makes an individualized determination that removal is required by law.
The memorandum instructs Department components to surge resources to the border in order to ensure safe, legal and orderly processing, to rebuild fair and effective asylum procedures that respect human rights and due process, to adopt appropriate public health guidelines and protocols, and to prioritize responding to threats to national security, public safety, and border security.
In the interim and pending completion of that review, the Department’s priorities shall be:
1. National security. 2. Border security. 3. Public safety.
Multiple memoranda issued by the Trump administration are rescinded and superseded by the January 20th 2021 Biden Administration MEMORANDUM.
The Department-wide guidance includes a 100-day pause on certain removals while DHS conducts a Department-wide review of policies and practices concerning immigration enforcement. The review requires that each component of DHS develop recommendations to address aspects of immigration enforcement, including policies for prioritizing the use of enforcement personnel, detention space, and removal assets; policies governing the exercise of prosecutorial discretion; policies governing detention; and policies regarding interaction with state and local law enforcement
The specifically directs an immediate pause on removals of any noncitizen with a final order of removal (except as noted below) for 100 days to go into effect as soon as practical and no later than January 22, 2021. The pause on removals applies to any noncitizen present in the United States when this directive takes effect with a final order of removal except one who:
1. According to a written finding by the Director of ICE, has engaged in or is suspected of terrorism or espionage, or otherwise poses a danger to the national security of the United States; or
2. Was not physically present in the United States before November 1, 2020; or
3. Has voluntarily agreed to waive any rights to remain in the United States, provided that he or she has been made fully aware of the consequences of waiver. “Noncitizen” as used in this memorandum does not include noncitizen nationals of the United States.
and has been given a meaningful opportunity to access counsel prior to signing the waiver; or
4. For whom the Acting Director of ICE, following consultation with the General Counsel, makes an individualized determination that removal is required by law.
The memorandum instructs Department components to surge resources to the border in order to ensure safe, legal and orderly processing, to rebuild fair and effective asylum procedures that respect human rights and due process, to adopt appropriate public health guidelines and protocols, and to prioritize responding to threats to national security, public safety, and border security.
In the interim and pending completion of that review, the Department’s priorities shall be:
1. National security. 2. Border security. 3. Public safety.
Multiple memoranda issued by the Trump administration are rescinded and superseded by the January 20th 2021 Biden Administration MEMORANDUM.
