On February 20, 2017, the U.S. Department of Homeland Security (“DHS”) issued a pair of memos outlining how DHS will implement the President’s two recent executive orders concerning immigration enforcement. The DHS memos rescind earlier guidance and now more broadly define the immigrants in the country illegally who are considered “priorities for removal.” The memos also announce a planned expansion in the law enforcement resources dedicated to federal immigration enforcement activities.
The first of the two memos, entitled “Enforcement of the Immigration Laws to Serve the National Interest,” establishes, among other things, that DHS will “prioritize removable aliens who: (1) have been convicted of any criminal offense; (2) have been charged with any criminal offense that has not been resolved; (3) have committed acts which constitute a chargeable criminal offense ….” This replaces the Department’s previous two-tiered policy prioritizing removal of those who had been actually been convicted of criminal offenses constituting felonies, serious or repeated misdemeanors, and those suspected of terrorism or espionage. Individuals may now be considered a priority for removal not only in the absence of a conviction, but any criminal charge at all.