DHS Guidelines for the Enforcement of Civil Immigration Law (September 30, 2021) [pdf]

This memorandum issued on September 30, 2021, to U.S. Immigration and Customs Enforcement provides guidance for the apprehension and removal of noncitizens. In the Memo, Mayorkas points out that in the United States, there are more than 11 million undocumented or removable noncitizens. “The majority of the more than 11 million undocumented or otherwise removable noncitizens in the United States have been contributing members of our communities across the country for years. The fact an individual is a removable noncitizen will not alone be the basis of an enforcement action against them.” Therefore the memo states that it is necessary to exercise discretion and determine priorities for immigration enforcement action. In doing so Secretary Mayorkas stated: “For the first time, our guidelines will, in the pursuit of public safety, require an assessment of the individual and take into account the totality of the facts and circumstances.