![]() ![]() offenses involving dangerous weapons (including firearms), or.whether the criminal offense is sophisticated,. ![]() nature and degree of the harm caused by the conduct at issue,.gravity of the criminal offense, including consideration of criminal sentence,.Under the new guidance, the following list of aggravating factors favoring enforcement include (but are not limited to): ![]() Rather than specifying categories of criminal convictions, charges, or offenses, the new framework utilizes prosecutorial discretion in “require an assessment of the individual and the totality of the facts and circumstances.” Under this new framework, DHS personnel will receive training to carry out these individualized assessments, taking into account aggravating and mitigating factors that militate for or against carrying out an enforcement action against an individual. The Biden administration’s new enforcement priorities guidance departs from any of these frameworks. The Biden administration narrowed this category significantly in its January and February 2021 guidance, primarily focusing on aggravated felons and those convicted of gang-related violence. Defining the term much more broadly, the Trump administration categorized anyone convicted of, charged with, or otherwise engaging in conduct that could be seen as a crime, as a public safety threat deserving of enforcement. The Obama administration set out a hierarchy of offenses – aggravated felonies, other felonies, and then multiple or significant misdemeanors – that would elevate someone as a target for immigration enforcement. Previous enforcement priorities guidance categorized specific categories of offenses constituting public safety threats. The new enforcement priorities set out a new framework for determining what constitutes a threat to public safety. According to the new enforcement priorities, they are defined as noncitizens apprehended at the border or a port of entry attempting to unlawfully enter the United States as well as those apprehended in the interior of the United States who have unlawfully entered after November 1, 2020. The new guidelines similarly retain the January 2021 interim enforcement priorities’ description of border security threats – recent entrants. As before, this category is designated as a priority for apprehension and removal. The new guidelines define national security threats in the same general terms as the interim enforcement priorities from January 2021 – noncitizens who have “engaged in or are suspected of terrorism or espionage” or related activities, or who otherwise pose a danger to national security. Each of these categories is defined as follows: A. The Enforcement Priorities Guidance continues existing Biden administration policies on targeting enforcement against those who pose threats to national security, public safety, and border security. In a departure from the previous interim enforcement priorities, the new guidelines make extensive use of prosecutorial discretion to seek targeted enforcement when carrying out DHS’s “enforcement mission most effectively and justly.” Rather than relying on rigid categories of offenses or prior convictions in determining whether someone is a threat to public safety, the enforcement priorities provide flexibility to DHS personnel, who are advised to balance aggravating and mitigating factors in making enforcement determinations.įinally, the enforcement priorities include sections on the protection of civil rights and civil liberties of noncitizens, as well as anti-retaliation measures. should not alone be the basis of an enforcement action against them.” The new guidelines represent a continuation of the interim priorities and guidance impacting apprehension and removal of noncitizens in that they focus civil immigration enforcement on “those who pose a threat to national security, public safety, and border security.” The guidelines explicitly state that the “fact that an individual is a removable noncitizen. Immigration and Customs Enforcement (ICE) in February 2021. The Guidelines for the Enforcement of Civil Immigration Law, which are slated to take effect on November 29, 2021, supersede interim enforcement priorities released by DHS in January 2021, as well as the subsequent supplemental interim guidance released by U.S. Department of Homeland Security (DHS) Secretary Alejandro Mayorkas released immigration enforcement priorities that chart a new course for the agency, emphasizing the “ exercise of prosecutorial discretion to achieve justice.” ![]()
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