WASHINGTON (AP) — Facing bipartisan criticism over its approach to immigration, the Biden administration on Thursday announced new rules that require authorities to only pursue migrants who recently crossed into the country without permission or are deemed to pose a threat to public safety.
The new guidelines replace interim rules issued in February and initially blocked by a federal judge in August as part of a lawsuit brought by Texas and Louisiana. They break from a more aggressive approach to immigration enforcement under former President Donald Trump, who early in his presidency directed authorities to apprehend anyone who was in the country illegally.
The release comes as President Joe Biden has come under fire from allies for his reliance on a Trump-era public health authority to rapidly expel migrants encountered on the U.S.-Mexico border while also facing Republican criticism that he hasn’t done enough to counter a sharp increase in migrants seeking to enter the country. His administration has expelled about 5,000 Haitians who crossed the U.S.-Mexico border at Del Rio, Texas, in recent weeks.
Department of Homeland Security Secretary Alejandro Mayorkas told reporters that the new policy was based on the reality that the U.S. can’t go after all people in the country without legal status and shouldn’t try because many “have been contributing members of our communities for years.”
Authorities will be directed to focus on noncitizens who have crossed recently, defined as after Nov. 1, 2020, or who determined to be a threat because of “serious criminal activity.” Homeland Security includes U.S. Immigration and Customs Enforcement and the Border Patrol.
Unlike the interim rules, the criminal activity is not limited to the category known in legal terms as an aggravated felony but will depend on the “totality of the facts and circumstances,” Mayorkas said. The new rules take effect Nov. 29.
Immigration authorities would be prohibited from arresting and seeking to deport someone in retaliation for exercising First Amendment rights, such as joining a protest or taking part in union activities.
“We are requiring and frankly empowering our workforce, critically empowering our workforce, to exercise their judgment, their law enforcement judgment,” the secretary said.
Advocates for strict immigration enforcement have criticized the interim guidelines, which were similar in intent as the newly released rules, because they were seen as a top-down approach and one that precluded low-level arrests that might yield investigative leads into bigger cases or help serve as a deterrent to illegal immigration.
A federal judge in Texas blocked the interim rules in August, ruling that the administration did not have discretion to choose which migrants to detain, but a federal appeals court allowed the guidelines to take effect while the lawsuit proceeds.
Mayorkas said it makes little sense to pursue all of the estimated 11 million people in the country without legal status, even if the U.S. had the law enforcement capacity to do so.
“They contribute to the well-being of our country and justice requires that we exercise our discretion accordingly,” he said. “The fact that an individual is a removeable non-citizen should not alone be the basis of an enforcement action against them.”
Trump’s administration took hundreds of measures to restrict both legal and illegal immigration, including a zero-tolerance policy on border crossings that resulted in the forcible separation of thousands of families and requiring asylum seekers to await the processing of their cases in Mexico.
In the end, total deportations were higher under the first term of President Barack Obama, who enacted enforcement priorities similar to Biden’s, than under Trump. That was due in part to a lack of cooperation from many cities and states whose leaders opposed Trump’s immigration policies.
Copyright 2021 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.
—-
This content is published through a licensing agreement with Acquire Media using its NewsEdge technology.
This puppet president Biden, his masters and the socialist Democrat Party has become our country’s most destructive and Deadliest ENEMY!!!!
I almost threw up, when he said “MOST contribute positively to our nation”?
HOW SO>
They take our jobs..
THey contribute to CRIME
they take our welfare
They take or money and SEND IT BACK HOME..
SO exactly WHAT POSITIVE are they ‘contributing??”
“new rules that require authorities to only pursue migrants who recently crossed into the country without permission or are deemed to pose a threat to public safety”,,,,,which is an outright bold manipulation of their true intentions which gives not a damn about public safety, just party safety and power security to flood the nation with foreign failed people who have no capability or concept of Self-governance who conveniently come to America to enlarge the Democrat party voter base of social dependents who only seek to redistribute honest earned wealth from the honest to the dishonest people and party of dishonesty, who think nothing of breaking or ignoring THE LAW, and promote and create climates of lawlessness at every opportunity to promote their power seizing party of crime. Joe and the Biden crime family makes the Godfather look like a boy scout when it comes to making America sleep with the fishes.
this clown biden and his demonscrat party care more for the illegal alien than the american citizen who pays there salery
americans do not realize the war being waged against them.
god help us.
IMO the dems have cared more for Illegal invaders over CITIZENS for decades.
Mayorkas said it makes little sense to pursue all of the estimated 11 million people in the country without legal status, even if the U.S. had the law enforcement capacity to do so.
This moron is still pushing the 11 Million illegals number, they really thing the US citizens are stupid. That was the number they repeated over and over 12 years ago. My estimate would be closer to 30 million today. Maybe he did not get the memo.
AND even if we ‘zeroed’ out after reagan WUSSED up and granted amnesty back in the mid 80s.. I CAN GUARANTEE you that the # of illegals is FAR SURPASSING 11 million more now.
Bin Biden bin invitin these invaders. Gotta stop them now. Since our politicians in government won’t stop them. Guess who will have to? We the people who want the country that is so great that these invaders want to steal it from us. That’s who.
Wouldn’t have to go looking for the unknown millions of illegal aliens if all local, state & federal govts were required to follow existing laws & stop providing any US citizen taxpayer funded welfare, housing, jobs, Medicaid / Medicare or driver license to illegal aliens.
Illegal aliens would then be easy to locate & deport once the costs of their welfare & upkeep, which US citizens are unjustly & illegally being forced to pay, is ended.
I would also add in, EVERY JUDGE who ‘shelters’ illegals, by BLOCKING ICE from arresting them in the court house, Every church that shelters them, THEY ALL SHOULD ALSO BE arrested on the spot, for HARBORING CRIMINALS!
Biden took an oath of office to Uphold the constitution. So did the vice President. Both need to be impeached. If we could just win the Senate. More importantly win the house. House speaker is 3 rd in line for president, then impeach Joe and kamala
More importantly if we win the house, the house speaker is 3rd in line for president then impeach Joe and kamala
2022 you say?
i say we will not make it to 2022 elections hell the country is on life support under the rule of the demoncrat party.
every election from now on will be rigged for the left because conservitives and there elected leaders did nothing to stop this fraud
and cheat because the establishment hated trump.
i am afraid tyranny is ere to stay
They deserve a HELL OF A LOT MORE than just merely impeaching them.