Joe Biden’s halt on deportations doesn’t include all immigrants. Here’s what to know
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The Department of Homeland Security issued a memorandum late-Wednesday temporarily halting deportations for certain immigrants.
The deportation moratorium will last for 100 days, according to the memo ordered by Acting Secretary David Pekoske, hours after President Joe Biden’s inauguration.
During its fiscal year 2020, the U.S. Immigration and Customs Enforcement (ICE) removed 185,884 undocumented immigrants in the U.S.
The order has major ramifications for California. More than 2 million unauthorized immigrants live in the state, making it the home to of the nation’s largest population of undocumented immigrants.
Here’s what we know so far.
Why did Biden suspend deportations?
In the wake of the COVID-19 global health crisis, Biden’s Department of Homeland Security said it is shifting its resources to focus on border security. It aims “to rebuild fair and effective asylum procedures that respect human rights and due process,” according to the five-page memo outlining the policy.
Does it protect all immigrants from deportation?
It protects most undocumented immigrants from deportation, but there are exceptions.
Who can still be deported?
The deportation moratorium does not apply to noncitizens who are suspected of terrorism or espionage; considered to pose a danger to national security; or those who arrived to the U.S. after Nov. 1. The acting director of ICE may also use discretion on certain removals.
Additionally, the memo may not fully protect undocumented immigrants charged with “aggravated felonies”, a crime category under the Immigration and Nationality Act that poses serious immigration consequences for noncitizens, said Almas Sayeed, the deputy director of programs at the California Immigrant Policy Center.
A number of violent offenses are considered aggravated felonies under the immigration law, but may also include nonviolent misdemeanors, according to Grisel Ruiz, a senior attorney at the Immigrant Legal Resource Center in San Francisco.
Can ICE still arrest undocumented people?
While the moratorium pauses some removals, it does not prevent arrests by immigration agencies, Ruiz said.
“While resources should be allocated to the priorities enumerated above, nothing in this memorandum prohibits the apprehension or detention of individuals unlawfully in the United States who are not identified as priorities herein,” according to the memo.
Those civil immigration enforcement priorities include, national security, border security and public safety.
Which agencies does the order apply to?
The memo’s guidance applies to ICE, U.S. Customs and Border Protection and U.S. Citizenship and Immigration Services.
When will we know more?
Pekoske of the Department of Homeland Security is expected to provide more operational details and guidance about the memo by Feb. 1.
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