Sunday, June 20

Joe Biden frees ICE prosecutors to abandon or postpone deportations of immigrants

Undocumented deported on an ICE flight.

John Moore / Getty Images

LOS ANGELES – The Administration of President Joe Biden has directed Immigration and Customs Enforcement (ICE) prosecutors to consider dismiss deportation cases against immigrants who have been permanent residence holders, pregnant women and the elderly, reveals this Friday the journalistic medium BuzzFeed.

The Democratic Administration expanded the discretionary power of prosecutors to decide whether to continue or abandon deportation cases against immigrants who do not pose a safety hazard and they have not committed serious offenses, in a way totally opposite to that of former President Donald Trump (2017-2021).

Migrants who have a serious health condition or have been in the U.S. since childhood

In the document obtained by BuzzFeed, the Biden Government is urging ICE prosecutors to consider the cases of those migrants who have a serious health condition or have been in the United States from an early age.

Although the guidance written by ICE’s chief attorney, John Trasviña, does not require prosecutors to drop cases, it does emphasize their discretion in choosing which case to pursue.

Trasviña explained that prosecutors must consider an immigrant’s circumstances, urging them to evaluate their ties to the U.S., their employment history, or their status as a victim or witness in criminal proceedings when deciding whether to prosecute, dismiss, or delay cases. , BuzzFeed details.

Focus on threats to national security

The White House and the Secretary of Homeland Security, Alejandro Mayorkas, have insisted that the priority of the immigration authorities is to focus resources on public safety and threats to national security.

The new criteria could also help in the Administration’s challenge of dealing with the backlog in immigration courts. Currently there 1,322,938 cases that are waiting to be resolved in these courts, according to data from the Transactional Records Access Clearinghouse (TRAC), a data analysis project at Syracuse University in New York.

The recent directives of the Biden Administration are part of a series of efforts to revoke measures of the previous Administration.

At the end of April, Mayorkas ordered to halt the arrests of undocumented persons both inside and near the courts, a practice for which people have been detained for immigration matters when they went to or were in court for another reason.

Under the new guidelines, court arrests for immigration law violations can only be made under “limited circumstances,” such as a matter of national security or if there is an “imminent risk of death, violence, or harm. physical to another person ”.

In 2018, the Trump administration gave ICE free rein to act in federal, state and local courts in search of immigrants convicted of crimes, gang members or people with pending deportation orders.

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