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Last Friday, the Supreme Court ruled that President Joe Biden can set his deportation prioritiesclearing the way for a policy issued on September 30, 2022.
The Secretary of National Security, Alejandro Mayorkas, celebrated the decision of the judges of the Highest Court and advanced the reestablishment of the guidelines that he himself announced on the aforementioned date.
“DHS expects reset these guidelines [para la deportación]which were effectively applied […] to focus limited resources and enforcement actions on those who pose a threat to our national security, public safety, and border security,” Mayorkas said. “The guidelines allow DHS to more effectively accomplish its enforcement mission with the authorities and resources provided by Congress.”
Although Mayorkas does not mention it in his position after the Supreme Court decision, the guidelines that ICE must apply also contemplate the detention and deportation of immigrants who entered the United States on or after November 1, 2020regardless of whether they have no criminal record.
The DHS also established that immigration agency officials consider several aspects before processing an immigrant solely for being undocumented, but who has not entered without permission as of November 1, 2020.
The guide issued by Secretary Mayorkas sets out, in this sense, four reasons for deporting a person:
1. If the immigrant represents a threat to national securitythat is, being suspected of terrorism or espionage.
2. If the person can be a threat to public safetythat is, those people with a criminal record, especially serious crimes.
3. If the immigrant is a border security threat.
4. If said person entered the US on or after November 1, 2020.
Immigrant advocates celebrated the Supreme Court’s decision, but undocumented immigrants are encouraged to seek legal help, in order to avoid setbacks if detained by ICE.
The decision of the Highest Court was due to a lawsuit by the governments of Texas and Louisiana.