Court Ruling May Allow for Increases in Deportations

 Posted on June 29, 2022 in Immigration

For undocumented immigrants living in the United States, the threat of deportation is ever-present. This threat increased significantly during the presidency of Donald Trump, who put policies in place in which nearly all immigrants without legal status could be subject to arrest and placed in removal proceedings. During the presidency of Joe Biden, more measured policies have been put in place, decreasing the number of deportations. However, a recent ruling by a federal judge may have limited the administration’s ability to carry out these policies, potentially putting more immigrants at risk of deportation.

Deportation Prioritization Policy Ruled Illegal

In September of 2021, Secretary of Homeland Security Alejandro Mayorkas issued a memo detailing how deportation cases would be prioritized by immigration officials. The policy outlined in this memo allowed for prosecutorial discretion in these cases, and it stated that officials would focus on cases in which immigrants could present threats to national security, threats to public safety, or threats to border security. Officials were also instructed to take other factors into account in deportation cases, such as how long a person had lived in the United States, whether they had any children who were U.S. citizens, and whether they were of advanced age.

In June of 2022, a federal judge in Texas ruled that this policy was illegal, and this ruling went into effect on June 24. The states of Texas and Louisiana had filed a lawsuit challenging the policy, and they claimed that restrictions on deportations would increase the risk of crime and place a burden on the states due to the need to provide healthcare for undocumented immigrants. The judge ruled in favor of the states, stating that the policy was “arbitrary and capricious,” and it was put in place without following the proper procedures, including allowing for public comments. The ruling stated that by changing the standards for when immigrants can be detained and when immigration officials can pursue deportations, this was a violation of immigration laws.

Under the Biden administration, the number of deportations has decreased significantly. According to Immigration and Customs Enforcement (ICE), there were 74,082 arrests of non-citizens and 59,011 deportations in 2021, as compared to 103,603 arrests and 185,884 deportations in 2020 and 143,099 arrests and 267,258 deportations in 2019. However, the number of deportations may increase without a policy in place to determine who should be targeted for detainment and removal by immigration officials. While all undocumented immigrants could potentially be targeted for deportation, the Department of Homeland Security has stated that ICE will handle matters on a case-by-case basis and focus on protecting against potential threats to the United States.

Contact Our Dallas Removal Defense Lawyers

Undocumented immigrants may be concerned about the possibility of deportation, and they will want to determine how to protect themselves and avoid problems that could disrupt their families, living situations, and employment. At John W. Lawit, LLC, we can help immigrants understand their rights and options, and we can provide representation in legal proceedings related to immigration matters. Contact our Grapevine deportation defense attorneys at 214-609-2242 to learn how we can help with your case.

Sources:

https://www.nytimes.com/2022/06/25/us/immigration-enforcement-priorities-court.html

https://www.ice.gov/doclib/news/guidelines-civilimmigrationlaw.pdf

https://www.ice.gov/features/2021-year-review