{"id":1132319,"date":"2023-07-13T20:20:21","date_gmt":"2023-07-13T20:20:21","guid":{"rendered":"https:\/\/production.public.theintercept.cloud\/?p=436015"},"modified":"2023-07-13T20:20:21","modified_gmt":"2023-07-13T20:20:21","slug":"ice-disobeyed-bidens-order-to-drop-trumps-blanket-deportation-policy","status":"publish","type":"post","link":"https:\/\/radiofree.asia\/2023\/07\/13\/ice-disobeyed-bidens-order-to-drop-trumps-blanket-deportation-policy\/","title":{"rendered":"ICE Disobeyed Biden\u2019s Order to Drop Trump\u2019s Blanket Deportation Policy"},"content":{"rendered":"\n

U.S. Immigration and<\/u> Customs Enforcement flouted guidance from the Biden administration to narrow its immigration arrests and prioritize deportation for migrants that pose threats to border security, public safety, and national security. <\/p>\n\n\n\n

Shortly after President Joe Biden took office, his administration ordered<\/a> ICE to prioritize<\/a> action against people who posed security risks. A new report<\/a> from the American Immigration Council, a nonprofit advocacy group, found that about a third of ICE arrests between February and November 2021, in Biden\u2019s first year in office, involved people who were not considered risks to security or public safety. Half of ICE requests for local authorities to hold a migrant \u2014 called \u201cdetainers\u201d \u2014 during the same period were carried out against people who were not considered security risks. <\/p>\n\n\n\n

\u201cAt the end of the day, ICE was not following its own rules.\u201d<\/blockquote>\n\n\n\n

\u201cICE was going outside of these priorities,\u201d said Raul Pinto, a senior staff attorney at the American Immigration Council who drafted the report, of Biden\u2019s orders. \u201cAt the end of the day, ICE was not following its own rules.\u201d <\/p>\n\n\n\n

The Biden administration issued guidance on new ICE enforcement priorities in January and February 2021. Former President Donald Trump\u2019s policies <\/a>made it an official priority<\/a> to target anyone <\/a>who was in the U.S. without authorization<\/a>.<\/p>\n\n\n\n

The new Biden guidelines called on the agency to prioritize groups of people considered by the Department of Homeland Security \u2014 ICE\u2019s parent agency \u2014 to be threats to national security, border security, and public safety, and to use discretion in cases that fell outside of those categories. <\/p>\n\n\n\n\n

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A February 2021 memo required officers to obtain written permission for arrests, detainers, and removals of people who were not considered security risks. The memo also required ICE to collect data on enforcement actions and submit weekly reports of all enforcements and removals. <\/p>\n\n\n\n

In the nine months after that guidance was issued, ICE directed at least a third of its enforcement actions against people who were not considered threats to security. ICE officers approved enforcement action in nonpriority cases 89.5 percent of the time. In 11 percent of the cases reviewed, enforcement action was taken before an ICE officer requested approval.<\/p>\n\n\n\n

The report says, \u201cThis data suggests that ICE\u2019s pre-approval process did not serve as a significant check on the agency, but largely as a rubber stamp for approval of officers\u2019 actions.\u201d <\/p>\n\n\n\n\n

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The American Immigration council<\/u> report was published four days after the Supreme Court ruled against states that had fought the narrowed enforcement guidelines in court. Texas and Louisiana had both challenged the change. On June 23, the high court ruled 8-1 in the Biden administration\u2019s favor, allowing the guidelines to stand<\/a>. <\/p>\n\n\n\n

The ruling was a win for the White House, which has struggled to enforce some of its efforts to reverse Trump\u2019s anti-immigrant policies with Republican officials seeking to block changes in court. <\/p>\n\n\n\n

The Supreme Court decision also puts pressure on Biden\u2019s administration to more aggressively pursue the humanitarian immigration proposals he ran on in 2020. <\/p>\n\n\n\n

\u201cIt\u2019s up to DHS leadership and ICE leadership to ensure that their field level staff, law enforcement officers, are actually doing what the higher-ups are asking of them.\u201d<\/blockquote>\n\n\n\n

Immigration advocates applauded the decision, and Homeland Security Secretary Alejandro Mayorkas said the agency would resume adoption of the narrowed enforcement guidelines. <\/p>\n\n\n\n

It\u2019s not clear that\u2019s happened yet, said C\u00e9sar Cuauht\u00e9moc Garc\u00eda Hern\u00e1ndez, a law professor at Ohio State University. The court\u2019s decision puts the power back in the Biden administration\u2019s hands, he said: \u201cIt\u2019s up to DHS leadership and ICE leadership to ensure that their field level staff, law enforcement officers, are actually doing what the higher-ups are asking of them.\u201d <\/p>\n\n\n\n

The data in the American Immigration Council report covers the first months of Biden\u2019s administration. It takes time to implement policy change in a sprawling agency like the Department of Homeland Security, Garc\u00eda Hern\u00e1ndez said. But ICE also has a history of slow-walking immigration policy shifts under Democratic administrations \u2014 a dynamic that goes back to the Obama administration. \u201cThat background makes it reasonable to be skeptical of how willing ICE officers are to shift away from the Trump administration\u2019s heavy-handed enforcement tactics and toward the Biden administration\u2019s more humanitarian-focused approach,\u201d he said.<\/p>\n\n\n\n

The White House directed questions to the Department of Homeland Security, which did not reply to a request for comment. <\/p>\n\n\n\n

Finalized guidelines<\/a> issued by Mayorkas in September, which went into effect in November 2021, removed some data collection and reporting requirements from the administration\u2019s original policy memo<\/a>.<\/p>\n\n\n

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Reporting on detention requirements is mandated by Congress, but agencies have tremendous leeway over what information it reports and how it\u2019s reported, Garc\u00eda Hern\u00e1ndez said: \u201cThis is one of the difficulties of tracking what ICE does.\u201d<\/p>\n\n\n\n

Immigration advocates said the court\u2019s decision cleared the way for the Biden administration to walk back Trump\u2019s indiscriminate removal policies. Without standardized reporting on enforcement actions, it will be difficult to ensure that happens, said Pinto, of the American Immigration Council. The organization is trying to push the administration to improve data collection on enforcement actions. <\/p>\n\n\n\n

\u201cHad it not been for the data collection requirements in the February 18 memo, we would not know that almost 35 percent of law enforcement actions were for activities that were outside the priorities,\u201d Pinto said. \u201cData keeping is extremely important for oversight of ICE.\u201d<\/p>\n

The post ICE Disobeyed Biden\u2019s Order to Drop Trump\u2019s Blanket Deportation Policy<\/a> appeared first on The Intercept<\/a>.<\/p>\n\n

This post was originally published on The Intercept<\/a>. <\/p>","protected":false},"excerpt":{"rendered":"

A third of ICE enforcement actions during Biden\u2019s first year in office targeted people who posed no threat to public safety.<\/p>\n

The post ICE Disobeyed Biden\u2019s Order to Drop Trump\u2019s Blanket Deportation Policy<\/a> appeared first on The Intercept<\/a>.<\/p>\n","protected":false},"author":98,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[118,14],"tags":[],"_links":{"self":[{"href":"https:\/\/radiofree.asia\/wp-json\/wp\/v2\/posts\/1132319"}],"collection":[{"href":"https:\/\/radiofree.asia\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/radiofree.asia\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/radiofree.asia\/wp-json\/wp\/v2\/users\/98"}],"replies":[{"embeddable":true,"href":"https:\/\/radiofree.asia\/wp-json\/wp\/v2\/comments?post=1132319"}],"version-history":[{"count":11,"href":"https:\/\/radiofree.asia\/wp-json\/wp\/v2\/posts\/1132319\/revisions"}],"predecessor-version":[{"id":1150158,"href":"https:\/\/radiofree.asia\/wp-json\/wp\/v2\/posts\/1132319\/revisions\/1150158"}],"wp:attachment":[{"href":"https:\/\/radiofree.asia\/wp-json\/wp\/v2\/media?parent=1132319"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/radiofree.asia\/wp-json\/wp\/v2\/categories?post=1132319"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/radiofree.asia\/wp-json\/wp\/v2\/tags?post=1132319"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}