Immigration and Customs Enforcement (ICE) officials will need managers’ pre-approval to arrest some illegal immigrants if they do not fall into restricted categories due to the new guidance released on Thursday.
Under the new guidance of the Biden administration, ICE would focus on three categories of immigrants: those who pose a threat to national security; those who crossed the border since November 1 and those who committed “aggravated crimes”.
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Guidance is temporary, lasting three months, until the Department of Homeland Security can issue further guidance. Authorities said the guidance does not explicitly prevent anyone from being arrested or deported. Instead, it directs resources to certain destinations. However, field officers seeking to arrest someone outside these three categories need approval from their chain of command.
“By focusing our limited resources on cases that pose threats to national security, border security and public security, our agency will more efficiently and effectively execute its law enforcement mission,” said ICE acting director Tae Johnson in an announcement. “Like any law enforcement agency at the local, state and federal level, we must prioritize our efforts to achieve the greatest security and protection impact.”
The new guideline also requires the ICE to send weekly arrest reports to DHS secretary Alejandro Mayorkas.
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The guidelines also give the agency room to allow illegal immigrants to remain in the country, with officers being instructed to consider factors such as ties to the community and personal circumstances – including those who have a serious physical or mental illness.
Biden’s DHS tried to impose a 100-day moratorium on deportations, but was blocked by a federal judge due to a Texas lawsuit. Although the new orientation limits the agents, it is a far cry from this radical measure.
But it is the latest move to liberalize the U.S. approach to illegal immigration out of the harsh approach of former President Donald Trump. On Thursday, Democratic congressmen unveiled a Biden-backed bill that would grant a path to citizenship for millions of illegal immigrants.
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Biden also took steps to reverse the Migrant Protection Protocols, lifted Trump-era travel bans and halted construction of the southern border wall – measures that have been strongly contested by Republicans in Congress.