Last week, ICE issued new enforcement priorities meant to guide its immigration detention and removal activities. In a memo signed by Acting Director Tae D. Johnson, the agency outlines three types of risks—national security, border security, and public safety—that it will prioritize at least temporarily. The memo notes that permanent priorities are expected within 90 days. Until permanent priorities are distributed, the Johnson memo, released on February 18, sets ICE’s enforcement parameters. It does not, however, apply to Customs and Border Protection, the Department of Homeland Security [...]

A federal court in Texas blocked the Biden-Harris administration’s attempt to pause removals for 100 days pending a review of enforcement practices. Texas v. United States, No. 6:21-cv-00003 (S.D. Tex. January 26, 2021). Handing a major win to the Texas Attorney General, Ken Paxton, Trump appointee Drew Tipton granted a temporary restraining order blocking DHS from implementing the 100-day deportation pause. The TRO applies for 14 days. An appeal is likely. As a preliminary matter, the court found that Texas has standing to sue because it provided evidence “of damage to its public fisc by [...]

Late yesterday, the Biden-Harris administration ended its first day in office signaling that campaign promises to restructure immigration policy were more than empty words. In a series of executive actions signed by President Biden and a memo issued by the temporary head of the Department of Homeland Security, the incoming administration announced a 100-day pause on removals and new enforcement priorities. President Biden set the stage for the new administration’s meaningful immigration policy shift by rescinding his predecessor’s own prioritization scheme. Making good on a campaign [...]