DHS to Suspend Deportations while it Reviews Enforcement Priorities
On 01.21.21, Acting Department of Homeland Security Secretary David Pekoske issued a memo directing the agency to focus its enforcement priorities on individuals who (1) pose a threat to national security; or (2) were not present in the U.S. on 11.01.20; or (3) were incarcerated in federal, state or local prisons and jails and released on or 01.21.21 and have been convicted of an INA 101(a)(43) aggravated felony offense AND are determined to pose a threat to public safety. However, the memo does not prevent ICE from stopping and/or detaining someone who is in the U.S. without authorization. These priorities go into effect on 02.01.21.
The memo expressly reverses many of the pre-Biden policy changes issued during the last four years, during which time anyone who was in the U.S. without status was deemed a priority for removal.
In addition to reframing enforcement priorities, the Pekoske memo also suspends deportations for the next 100 days so that the agency can devote its time and resources to undertaking a comprehensive review of its enforcement priorities, policies, and practices. This portion of the memo is effective 01.22.21. Note well, however, the pause on removals applies to any noncitizen present in the United States when this directive takes effect with a final order of removal except one who:
(1) According to a written finding by the Director of ICE, has engaged in or is suspected of terrorism or espionage, or otherwise poses a danger to the national security of the United States; or
(2) Was not physically present in the United States before November 1, 2020; or
(3) Has voluntarily agreed to waive any rights to remain in the United States provided that he or she has been made fully aware of the consequences of waiver.
WHAT THIS MEANS:
1) If you have a final order of removal but have not engaged in espionage, terrorism, or are otherwise not a threat to national security, your deportation is stayed for at least 100 days. However,
2) If you have a final order of removal but you were not physically present in the U.S. on 11.01.20, your deportation is not stayed. Or,
3) If you sign the government’s document waiving your rights to remain in the U.S. stating that you have been made aware of the consequences of signing, DHS can still deport you despite the 100-day moratorium.