The Department of Homeland Security (DHS) has recently begun implementing a policy prioritizing the deportation of noncitizens who are a threat to national security and providing enforcement discretion based on a noncitizen’s contribution to the country.
The Guidelines for the Enforcement of Civil Immigration Law, signed by Secretary of Homeland Security Alejandro N. Mayorkas in September, will focus removal efforts on undocumented residents who are involved in terrorism, espionage, or other serious crimes, according to a memorandum on the policy. Those who are a threat to border security by attempting to enter the country illegally will also be subject to removal.
“Today is an important step forward in ensuring that our workforce is empowered to exercise its prosecutorial discretion and focus its enforcement efforts on those who pose a threat to our national security, public safety, and border security,” Secretary Mayorkas said in a DHS press release.
There are currently an estimated 11 million noncitizens in the U.S. who are subject to removal, the memo said. Yet most have long been contributing members of their communities.
"They include individuals who work on the frontlines in the battle against COVID, lead our congregations of faith, teach our children, do back-breaking farm work to help deliver food to our table, and contribute in many other meaningful ways," Mayorkas said in the memo. "The fact an individual is a removable noncitizen therefore should not alone be the basis of an enforcement action against them. We will use our discretion and focus our enforcement resources in a more targeted way. Justice and our country’s well-being require it."
While immigration laws remain entirely enforceable, the department does not have the resources to remove every noncitizen in the country, the DHS release said. Prioritizing its actions will ensure cases threatening national interest are addressed.
"There could be other border security cases that present compelling facts that warrant enforcement action," Mayorkas said in the memo. "In each case, there could be mitigating or extenuating facts and circumstances that militate in favor of declining enforcement action. Our personnel should evaluate the totality of the facts and circumstances and exercise their judgment accordingly."
