The United States Immigration and Customs Enforcement (ICE) began on Thursday to implement an interim operational guide that will temporarily govern its civil immigration enforcement and removal operations, it was reported in a press release. .
The guide will remain in effect until the Secretary of National Security, Alejandro Mayorkas, issues new guidelines, it was indicated.
Mayorkas is expected to issue new application guidelines in less than 90 days, after consulting with agency staff and interested external parties.
ICE’s interim guidance will focus the agency’s civil immigration enforcement and removal remedies on threats to national security, border security and public safety, it added.
The guide defines which cases are presumed to present such threats and do not require prior approval. It also establishes a pre-approval process for any civil immigration enforcement action that does not meet the presumption criteria.
In addition, it sets out weekly reporting requirements to ensure coordination and consistency and to inform the development of the secretary’s final application guidelines.
Operational guidance issued Thursday defines which cases are presumed to present threats to national security, border security and public safety, and which cases do not carry such presumptions and therefore require prior approval before proceeding.
People are presumed to pose a threat if they have been involved or suspected of terrorism or espionage, or if their apprehension is necessary to protect national security, it was explained.
It was further reported that individuals are presumed to be a priority for border security enforcement if they were detained while attempting to illegally enter the United States on or after November 1, 2020, or if they were not physically present at the country before that date.
And, individuals are presumed to pose a threat to public safety if, for example, they have been convicted of an aggravated felony or participated in certain activity as part of a criminal gang or transnational criminal organization and there are grounds to believe that they currently pose a threat.
According to the guide, when assessing whether a person poses a threat to public safety, officers and agents must consider the extent, severity and timeliness of any criminal activity, as well as mitigating factors, including, but not limited to, personal and family circumstances. , health and medical care criteria, community ties, and evidence of rehabilitation.
ICE’s prioritization of people with aggravated felony convictions is consistent with Congress’ intention to create that distinct category of offenses, according to the statement.
In the absence of compelling circumstances, ICE field personnel will need to obtain prior approval from their chain of command before pursuing cases that do not meet the presumptive criteria, it said.
Thursday’s interim operational guidance requires ICE staff to review cases on an individual basis, in accordance with law, and encourages coordination between field staff and agency leadership.
“The issuance of the interim guidance is a step in the agency’s effort to use its limited resources to enforce the nation’s immigration laws more fairly and with greater impact,” the statement concludes.
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