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On February 18, ICE Performing Director Tae Johnson issued a memo titled Interim Steering: Civil Immigration Enforcement and Removing Priorities (“Johnson Memo”).
The Johnson Memo is efficient instantly and purports to be in help of the interim civil enforcement and elimination priorities from the Pekoske Memo. It is going to stay in impact till DHS Secretary Mayorkas points new enforcement tips, which the memo states will occur inside 90 days.
The Johnson memo covers enforcement actions, custody choices, the execution of ultimate orders of elimination, monetary expenditures, and strategic planning. To the extent the brand new tips battle with the Pekoske Memo, the Johnson Memo explicitly states that it controls. The Johnson memo notes that it doesn’t implement or take note of the proposed 100-day moratorium on removals at Part C of the Pekoske Memo, which has been enjoined.
The memo instructs that its interim priorities “shall be utilized” to all civil enforcement and elimination choices together with, however not restricted to:
Along with useful resource constraints, the steerage acknowledges that ICE has “the duty to make sure that eligible noncitizens are capable of pursue aid from elimination beneath the immigration legal guidelines.”
The Johnson Memo lists three classes of instances which might be thought-about to be presumed priorities:
To be a presumed precedence beneath the Public Security Class, a noncitizen will need to have been convicted of an aggravated felony or set off the gang participation prong, and individually, should be judged to pose a risk to public security. In evaluating whether or not the particular person poses a risk to public security, the memo instructs officers to contemplate:
The memo instructs that the execution of elimination orders should be supported by a compelling cause and have approval from the Discipline Workplace Director for instances involving noncitizens:
For instances not assembly the standards for a presumed precedence case, pre-approval from the Discipline Workplace Director or Particular Agent in Cost is required. Requests for pre-approval for non-priority instances consider:
The justification for taking an enforcement motion in a non-priority case should be in writing. Additionally, pre-approval to hold out an enforcement motion in opposition to a selected noncitizen doesn’t authorize collateral arrests, besides in exigent circumstances, typically restricted to conditions the place a noncitizen poses an imminent risk to life or imminent substantial risk to property. The place an motion is taken in such circumstances, the officer should request approval following the motion inside 24 hours.
This interim steerage anticipates that it will likely be outmoded by steerage from the Secretary of Homeland Safety within the coming months. Within the meantime, when you’ve got questions on how this steerage may have an effect on your scenario, please contact our workplace to schedule a session with one in every of our attorneys.
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