ICE ENFORCEMENT UPDATE
Since President Biden took office in Jan. 2021, there have been many changes to the way ICE is permitted to enforce immigration laws. On Nov. 29, 2021, a new set of enforcement orders will go into effect. Those orders are as follows:
ICE will focus on deporting the following people from the U.S.:
- People who are a danger to national security, such as terrorists or spies;
- People who are a current threat to public safety, typically because of serious criminal conduct; and
- People who enter or attempt to enter the U.S. without permission after Nov. 1, 2020
Falling into one of these 3 groups means you are more likely to be arrested by ICE. Falling outside of these groups means ICE is more likely to leave you alone. But, these are not guarantees. ICE agents must make an individual decision in every case, based on both the positive and negative factors in each situation.
The orders contain a list of positive factors, such as living in the U.S. for a long time, being very young or very old, mental or physical health issues, and rehabilitation from criminal behavior; and a list of negative factors, including the seriousness of the crime, whether a weapon was used, and how much harm was caused.
ICE officers must use their discretion in a way that protects people’s rights. They cannot discriminate, retaliate, or target people for deportation based on race, religion, gender, sexuality, gender identity, national origin, political opinion or activism, or because they asserted their workplace or housing rights.
In addition, President Biden has issued orders prohibiting ICE from conducting any enforcement actions in the following ways:
- No enforcement at courthouses.
- No enforcement in or around any clinics providing COVID-19 vaccines.
- No enforcement against crime victims or domestic abuse survivors who are applying for victim-based visas.
- No mass workplace raids.
