ICE Will Continue Implementing Secretary Johnson’s Enforcement Priorities Memo

Contributed by Jennaweh Hondrogiannis, Associate Attorney

In the days following Judge Hanen’s decision to temporarily enjoin implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DAPA), there have been various reports from AILA members of various jurisdictions that their local ICE-ERO offices have also been instructed not to follow Secretary Johnson’s enforcement priorities memo. Secretary Johnson’s memo outlined the enforcement priorities of ICE with an emphasis on prioritizing public safety, national security, and border security.

In light of these reports, AILA contacted ICE Headquarters which confirmed that the prioritization set forth in Secretary Johnson’s memo was not affected by the injunction. As such, all ICE agents, officers and attorneys have been instructed to continue reviewing and litigating cases in accordance with the enforcement priorities set forth by Secretary Johnson.  Additionally, the existing DACA policy from 2012 will remain unabridged by the injunction and will continue to be implemented as before.

ICE also confirmed that all literature associated with DACA and DAPA has been removed from detention areas, as instructed. However, ICE will continue to review cases for the exercise of prosecutorial discretion when deemed appropriate.

If you have any questions about how any of the recent developments might affect you or your family members, please call to speak with one of our experienced immigration attorneys at (303)297-9171.