Biden Administration Breaks Limitations on Immigration Arrests

 On June 25, 2022, the Biden administration halted its immigration arrest limits to comply with a court decision that went into effect over the weekend, leaving deportation agents across the United States without clear directives on whom they should and should not detain.

The guidelines, which are a part of a broader Biden administration plan to restructure ICE's immigration enforcement operations, generally prohibited the arrest and deportation of unauthorized immigrants who had not committed serious offenses before November 2020 if they had arrived in the United States before that date.
 

In September 2021, Alejandro Mayorkas, Secretary of Homeland Security, directed the US ICE (Immigration and Customs Enforcement) agents to arrest (1) immigrants believed to be threats to national security or public safety and (2) migrants who unlawfully cross a US border.
 

However, Republican officials in Louisiana and Texas convinced federal judge Drew Tipton early in June 2022 to overrule Mayorka’s orders as he did not have the authority to issue them. Judge Tipton also agreed that they were improperly enacted.
 

Judge Tipton agreed to pause the ruling to provide more time for the administration to appeal. The Justice Department asked the Fifth Circuit Court of Appeals to suspend the order, but the appellate court did not provide a decision on the government’s request before he lifted the pause on the ruling on June 25.
 

Homeland Security complies
 

The US Department of Homeland Security is complying with the order, despite strongly disagreeing with it.
 

ICE agents and officers will base their enforcement decisions on a case-by-case basis during the appeals process, responsibly and professionally, guided by their experience as law enforcement officials. They will also do their duties in a manner that best protects against threats to the homeland.
 

A few issues
 

The arrest prioritization scheme of the ICE is suspended and unlikely to place around 11 million unauthorized immigrants at risk of being arrested. However, the lack of national standards could result in inconsistent enforcement, including arresting immigrants who were not supposed to be detained by agents. A US immigration attorney in New York can help if you find yourself in this situation. 

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