Summary of New Memorandum by DHS Implementing President’s ‘Enforcement of Immigration Laws to Serve National Interest’ that came into effect on February 21, 2017

The directives that stand out are:

  1. DHS (ICE, CBP and USCIS) shall execute US immigration laws against all ‘removable aliens’ who:
    1. Have been convicted of any criminal offense
    2. Have been charged with any criminal offense that has not been resolved – it does not make an exception for individuals who although once charged, have been acquitted;
    3. Have committed acts that constitute a chargeable criminal offense, an exceptionally broad phrase that can include minor infractions such as jaywalking or driving without a license. Can be applied to undocumented individuals – they committed the chargeable offense of improper entry.
  2. Exercise of Prosecutorial Discretion by previous directives have been rescinded. DHS has been directed to apprehend and prosecute any alien whom an immigration officer ‘has probable cause to believe’ has violated US immigration laws.