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1 1 (June 8, 2022)

handle is hein.crs/govegdq0001 and id is 1 raw text is: Congressional_______ 'Research Service The Biden Administration's Immigration Enforcement Priorities: Background and Legal Considerations Updated June 8, 2022 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. national (alien under federal law) 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. President Biden rescinded some of the Trump Administration's immigration initiatives and directed DHS to review its immigration enforcement policies and priorities. In January 2021, DHS issued temporary immigration enforcement guidance that generally focused enforcement activities toward aliens who pose a threat to national security, border security, or public safety. Following legal challenges brought by Texas and Louisiana, a federal district court preliminarily enjoined DHS from implementing this policy. Although a panel of the U.S. Court of Appeals for the Fifth Circuit initially issued a partial stay of the injunction, the en banc Fifth Circuit vacated the panel's decision, effectively reinstituting the preliminary injunction. Congressional Research Service https://crsreports.congress.gov LSB10578 CRS Legal Sidebar Prepared for Members and Committees of Congress

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