New US Immigration Detention and Deportation Rules Come into Force: What Has Changed?

As of Monday, no immigrant to the United States will be deported simply for being undocumented, according to a regulation published in the United States Federal Register on September 30.

It is a memorandum signed in September by the Secretary of Homeland Security of the United States, Alejandro Mayorkas, in which he establishes that the fact of not having papers will not be the exclusive reason for detaining a migrant and to deport him to his country of origin.

In this new measure, which took effect on Monday, the Department of Homeland Security (DHS, for its acronym in English) urged immigration officials to prioritize the development of a more in-depth investigation – including a criminal record check – before proceeding with an eviction.

“This will ensure a thorough, case-by-case assessment of the rationale and adequacy of enforcement action, allowing DHS to focus its limited resources on cases of greater importance to the national interest,” said the agency.

In the memorandum signed by Mayorkas on September 30, he acknowledges that the US government does not have “the resources to apprehend and demand the deportation” of the more than 11 million undocumented migrants living in the country.

In addition, the US secretary says that “most” of the undocumented migrants who are vulnerable to immediate deportations have contributed in their communities. This includes those who are “on the front lines in the battle against covid-19”; “Lead our congregations of faith”; They “teach our children” in educational centers; or those who do “backbreaking farm work to help bring food to our table.”

The priorities

Thus, this new policy will make it possible to concentrate the efforts of immigration agencies on the people they represent ”a threat to our national security, public safety and border security“.

Detention and expulsion actions will focus on those suspected of participating in acts of terrorism or espionage; in people who have committed a serious criminal conduct; in the case of migrants detained at the border or at the port of entry while entering the territory illegally; or who were apprehended after “illegal entry after November 1, 2020”.

These new deportation priorities were announced earlier this year. However, a Texas district judge arrested them in August, following a lawsuit brought by the states of Louisiana and Texas, alleging that the Joe Biden administration’s immigration policy violated the Administrative Procedure Act. (APA).

However, in September, the Fifth Court of Appeals ruled in favor of the Biden administration and suspended a lower court order blocking immigration and immigration and customs arrest priorities (ICE ). ).

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