Saturday's Biden administration arrested immigrants to comply withcourt rulingHas stopped limiting. Effective over the weekend, deportation agents across the United States left without official instructions on which immigrants should and should not be detained.
In September 2021, Homeland Security Secretary Alejandro Mayorkas considersUS Immigration and Customs (ICE) agents to pose a threat to public security or national security. Instructed to arrest immigrants, and recently immigrants. Illegal crossed the US border.
The rules that are part of the broad Biden administration's efforts to rebuild ICE's immigration function are: Generally, in the United States before November 2020, if you have not committed a serious crime, you will be arrested and deported.
But earlier this month, Republican officials in Texas and Louisiana assumed that federal judges were not authorized to issue Mallorcus rules. , Persuaded them to set aside. US Judge Drew Tipton, appointed by former President Donald Trump, also said the Mallorcus memo was improperly enacted.
Tipton agreed to suspend the judgment to give the administration time to appeal, and the Justice Department requested the Fifth Circuit Court of Appeals to suspend his order. However, the Court of Appeals did not make a decision on the government's request before Tipton lifted the suspension of his judgment on Saturday morning.
In a statement to CBS News on Saturday, the US Department of Homeland Security said it did not "strongly" agree with Tipton's orders, but did comply with them.
"During the appeal process, ICE agents and officers make case-by-case enforcement decisions in the most protective, professional and responsible manner, based on their experience as law enforcement officers. Against the greatest threat to their homeland. "
The suspension of the ICE arrest prioritization scheme is unlikely to put an estimated 11 million illegal immigrants in the country at imminent risk of being arrested, but the lack of national standards is due to the lack of national standards in the United States. It can lead to inconsistent enforcement measures, including overall arrests. Immigrants who were previously instructed not to detain agents, according to legal experts.
Muzafah Chisti, a senior researcher at the Independent Immigration Policy Institute, said ICE agents still have law enforcement discretion to decide whether to arrest them. But he said national rules would no longer prohibit the Biden administration from arresting migrants who tried to protect them from deportation.
Without national rules, there is likely to be significant "variation" in the way various ICE field offices carry out arrests, Chishti said. For example, Atlanta's ICE officials could try to maximize arrests, he added.
"Persons in jurisdictions that have historically been more prone to enforcement are now more afraid than individuals in jurisdictions that take a more balanced approach to enforcement." Said Chisti, who heads the New York office of the Migration Policy Institute.
ICE and DHS representatives did not provide additional details on how agents could decide whether to carry out an arrest in the absence of enforcement priorities.
The memo, which was suspended over the weekend, is part of a set of rules issued by the Biden administration to narrow down the groups of immigrants subject to ICE arrests in the country. Under President Biden, the ICE is generally instructed to avoid detaining families with children, pregnant or lactating women, victims of serious crimes, and U.S. military veterans. ..
The Biden administration has also stopped large-scale ICE arrests at work, expanding the list of so-called "protected areas" where deportation agents should generally not arrest migrants, and disaster scenes. , A place for children to gather, a social service facility.
Biden's appointed person arrests ICE's 6,000 deportation agents for migrants who use limited resources to endanger public security or national security due to policy changes Insisted that it could be done. However, Republicans accused the rule of being too restrictive and argued that it encouraged illegal immigrants.
The court's ruling that blocks ICE enforcement priorities is the latest judicial victory for a conservative state that has attempted to thwart Mr. Biden's immigration and border policies.
Through multiple proceedings, Texas and other Republican-led states have abolished the 100-day deportation moratorium to the administration and terminated the Childhood Arrival Postponement (DACA) program for new applicants. A policy that requires immigrants to wait for asylum hearings in Mexico, forced to revive the Trump era.
In May, a federal judge granted more than 20 Republican-led states' requests and continued to use the public health law first enacted under Mr. Trump to move some immigrants to the United States. Ordered the Biden administration to expel him promptly. Mexican border. The administration, known as Title 42, is no longer in control of theCOVID-19
Camilo Montoya-Galvez is an immigration reporter on CBS News. He is based in Washington and he is in charge of immigration policy and politics.
Thank you for reading CBS NEWS.
Create a free account or log in to
to take advantage of other features.
