Feb 19, 2017

4 min read

Leaked DHS Memo Implementing the Executive Order on Interior Enforcement (or Is Prosecutorial Discretion Dead?)

  • The memorandum rescinds all “existing conflicting directives, memoranda, or field guidance regarding the enforcement of our immigration laws and priorities for removal” but exempts the 2012 memorandum on Deferred Action for Childhood Arrivals (DACA) and the 2014 memorandum pertaining to DACA + and Deferred Action for Parents of Americans or Permanent Residents (DAPA) (prosecutorial programs signed by former President Barack Obama)
  • The Department’s Enforcement Priorities: “The Department no longer will exempt classes or categories of removable aliens from potential enforcement.” The memo directs personnel to prioritize for removal those noncitizens described in sections in the statute pertaining to sections 212(a)(2), (a)(3), and (A)(6)(c), 235(b) and (c), and 237(a)(2) and (4). In addition, the following noncitizens should be prioritized: