Starting this Monday, no immigrant in the US will be deported just for being undocumented, according to a regulation published in the US Federal Register on September 30.
It is a memorandum signed in September by the Secretary of Homeland Security of the United States, Alejandro Mayorkas, in which establishes that not having documents will not be the exclusive reason to detain a migrant and expel him to his country of origin.
In this new measure that came into force This Monday, the Department of Homeland Security (DHS, for its acronym in English) urged immigration officials to prioritize the development of a more thorough investigation – including a criminal record check – before proceeding with a deportation.
“This will ensure a thorough, case-by-case evaluation of whether enforcement action is justified and appropriate, allowing DHS to focus its limited resources on cases of greater importance to the national interest,” the agency said.
In the memorandum signed by Mayorkas on September 30, he acknowledges that the US government does not have “the resources to apprehend and seek the expulsion” of the more than 11 million undocumented people living in the nation.
In addition, the US secretary says that “most” of the undocumented migrants who are vulnerable to immediate expulsions have contributed in their communities. This includes those who are “on the front lines in the battle against covid-19”; “lead our congregations of faith”; They “teach our children” in educational centers; or those who do “backbreaking farm work to help bring food to our table.”
Thus, this new policy will make it possible to focus the efforts of immigration agencies on the people they represent “a threat to our national security, public safety, and border security“.
The actions of detention and deportation will be focused on those suspected of participating in acts of terrorism or espionage; in people who committed a serious criminal conduct; in the cases of migrants who were detained at the border or port of entry when entering the territory illegally; or who were apprehended after “entering illegally after November 1, 2020”.
Those new deportation priorities were announced earlier in the year. However, a Texas district judge stopped them in August, following a lawsuit filed by the states of Louisiana and Texas, alleging that the immigration policy of the Joe Biden administration violated the Administrative Procedure Act (APA).
However, in September, the Fifth Court of Appeals ruled in favor of the Biden administration and halted the lower court order blocking the immigration and immigration arrest priorities of the Immigration and Customs Enforcement Service (ICE). ).