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1 1 (March 9, 2021)

handle is hein.crs/govecoh0001 and id is 1 raw text is: Congressional ______ *.Research Service informrng the I gislative debate since 1914___________________ The Biden Administration's Immigration Enforcement Priorities: Background and Legal Considerations March 9, 2021 Almost immediately after taking office, President Biden issued a series of directives on immigration matters. Some of these directives focused on altering the immigration enforcement priorities of the Department of Homeland Security (DHS), the agency primarily charged with the enforcement of federal immigration laws. Federal statute confers immigration authorities with broad discretion to determine when it is appropriate to pursue the removal of a non-U.S. citizen or national (alien) who lacks a legal basis to remain in the country. Resource or humanitarian concerns have typically led authorities to prioritize enforcement actions against subsets of the removable population (e.g., those who have committed certain crimes or pose national security risks). The Trump Administration made enforcement a touchstone of its immigration policy, and generally sought to enforce federal immigration laws against a broader range of aliens who had committed immigration violations than the Obama Administration. The Trump Administration also sought to rescind the Deferred Action for Childhood Arrivals (DACA) program, which allows certain unlawfully present aliens who came to the United States as children to remain and work in this country for a certain period of time. President Biden has rescinded some of the Trump Administration's immigration measures, and also has directed DHS to reexamine its immigration enforcement policies and priorities. DHS has sought, during the pendency of that review, to temporarily restrict immigration enforcement actions to cover only certain aliens, and to suspend the execution of most removal orders for a period of 100 days. However, a federal district court has enjoined the agency's 100-day pause on deportations while it considers a legal challenge to this action. President Biden has also announced an intent to preserve and fortify DACA, though that policy also is subject to legal challenge. This Sidebar addresses the Biden Administration's immigration enforcement priorities and legal considerations that they raise. Prior Immigration Enforcement Policies Over the past decade, DHS has adopted different approaches for prioritizing immigration enforcement actions against different classes of removable aliens. In 2011, DHS announced that it generally prioritized Congressional Research Service https://crsreports.congress.gov LSB10578 CRS Legal Sidebar Prepared for Members and Committees of Congress

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