All prior memoranda and guidance on immigration enforcement are rescinded except 2012 DACA memorandum and 2014 DAPA memorandum.

A.  The Department’s Enforcement Priorities

DHS will no longer exempt classes or categories of removable aliens from potential enforcement.

ICE is directed to hire 10,000 new officers.

ICE should prioritize for removal those removable for committing crimes, those posing security risks and those seeking to fraudulently obtain a visa or enter the US or falsely claiming US citizenship. Additionally, ICE personnel should prioritize removable aliens who

1. have been convicted of any criminal offense;

2. have been charged with any criminal offense that has not been resolved;

3. have committed acts which constitute a criminal offense;

4. have engaged in fraud or willful misrepresentation in connection with any matter before a government agency;

5. have abused any program related to receipt of public benefits;

6. are subject to a final order of removal but have not yet departed the US; or

7. in the judgment of an immigration officer, poses a risk to public safety or national security

B. Strengthening Programs to Facilitate the Efficient and Faithful Execution of the Immigration Laws of the United States

The Priority Enforcement Program is terminated and Secure Communities is restored.

Forms I-247D (IMMIGRATION DETAINER – REQUEST FOR VOLUNTARY ACTION), I-247N (REQUEST FOR VOLUNTARY NOTIFICATION OF RELEASE OF SUSPECTED PRIORITY ALIEN) and I-247S (REQUEST FOR VOLUNTARY TRANSFER) are to be eliminated and replaced with a new form (the existing forms can be used until the new form is available).

In cooperation with EOIR, removal proceedings shall be initiated against aliens in jails in the US.

The 287(g) Program shall be expanded to include all qualified law enforcement agencies that request to participate and meet all requirements.

C. Exercise of Prosecutorial Discretion

ICE should initiate enforcement actions against removable aliens encountered during the performance of their official duties. This includes arresting or apprehending an immigrant who an ICE officer has probably cause to believe is violating immigration laws. It also includes initiating removal proceedings against anyone subject to removal under any provision of immigration law. This is subject ot the priorities noted in Section A above.

Exercising prosecutorial discretion is to be made on a case-by-case basis. Prosecutorial discretion shall not be exercised in a manner that exempts or excludes a specified class or category of aliens from enforcement of immigration laws.

D. Establishing the Victims of Immigration Crime Engagement (VOICE) Office

DHS is establishing the Victims of Immigration Crime Engagement (VOICE) Office within ICE which create a liaison between ICE and known victims of crimes committed by removal aliens. The goal is to provide information about the offender, including the offender’s immigration status and custody status and address questions about immigration enforcement efforts. Exceptions are to be made to comply with certain laws relating to classified information.

E. Hiring Additional ICE Officers and Agents

ICE shall hire 10,000 agents and officers.

F. Establishment of Programs to Collect Authorized Civil Fines and Penalties

ICE, CBP and USCIS shall issue guidance and promulgate regulations to ensure the assessment and collection of all fines and penalties which DHS is authorized under the law to collect from aliens and those who facilitate their unlawful presence in the US.

G. Aligning the Department’s Privacy Policies With the Law

DHS will no longer afford Privacy Act rights to persons who are not US citizens or lawful permanent residents and the department is rescinding the 2009 Privacy Policy Guidance memorandum.

H. Collecting and Reporting Data on Alien Apprehensions and Releases

ICE shall develop a standardized method of reporting statistical data regarding aliens apprehended by ICE and at the earliest practicable time, provide monthly reports of such data to the public without charge.

The ICE Director shall also develop and provide a weekly report to the public of aliens released from custody of state and local governments. The report shall list the status of the alien, the arrest, charge, or conviction for which alien was in custody and the date of release from custody, the reason for release and an explanation for why the detainer or similar request for custody was not honored and all arrests, charges, or convictions occurring after the alien’s release from the custody of that jurisdiction.

I. No Private Right of Action

“This guidance is not intended to, does not, and may not be relied upon to create any right or benefit, substantial or procedural, enforceable at law by any party in any administrative, civil, or criminal matter. Likewise, no limitations are placed by this guidance on the otherwise lawful enforcement or litigation prerogatives of DHS.”

Greg Siskind

Greg Siskind

Greg Siskind is a partner with Siskind Susser, PC - Immigration Lawyers. After graduating from Vanderbilt University, he received his law degree at the University of Chicago. He created the first immigration law web site in 1994 and the first law blog in 1997. He's written four books and currently serves on the board of governors of the American Immigration Lawyers Association. He can be reached by email at gsiskind@visalaw.com.
Greg Siskind
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