New Enforcement Priorities under the Biden Administration

“In exercising this discretion, we are guided by the knowledge that there are individuals in our country who have been here for generations and contributed to our country’s well-being, including those who have been on the frontline in the battle against COVID, lead congregations of faith, and teach our children.”

- Secretary of Homeland Security Alejandro N. Mayorkas

On September 30, 2021, the U.S. Government announced that, rather than focusing their energy on noncitizens who are assets to our communities and country, the Department of Homeland Security would prioritize the arrest and removal of the following noncitizens:

• Threats to National Security;

  • This includes people who may be involved in terrorism or espionage.

• Threats to Public Safety; and

  • This can include people who have criminal histories. However, the government has pledged to consider the totality of the circumstances in each person’s case, including age, severity of the crime, time since conviction, and length of time in the United States.

• Threats to Border Security.

  • This includes people who are caught entering the United States without permission or people who are later caught and who entered the United States after November 1, 2020.

This is great news for noncitizens who are in court proceedings and want to terminate their cases. For people that are found not to be an enforcement priority, opportunities such as prosecutorial discretion and release from detention are now available. And because the DHS attorneys must consider all of the factors in your case, you may be eligible for this relief even if you have an unlawful entry or a criminal background.

Unfortunately, the implementation of these enforcement priorities has been sporadic and seems to be at the whim of each individual DHS office. Working with experienced attorneys in order to terminate your case before the immigration judge gives you the best chance to remain in the United States.

If you have any questions about getting prosecutorial discretion in your case, contact Dubrule & Nowel, PLLC for your consultation and to being the process towards cancelling your removal / deportation proceedings. 

For more information and to read the full Memorandum on Enforcement Priorities, click here.