U.S. Immigration Service to Stop Irregular Immigrants Without Criminal Records

The Joe Biden administration has announced a change in arrest policy related to immigration to the United States. The priority now will be to arrest those who represent a risk to society – i.e. who have criminal offenses – thus limiting detentions for reasons of irregular immigration status.

ICE Agents they would no longer be allowed to make regular arrests in immigration courts on the grounds of not having immigration documents to the United States, as has often happened so far.

According to National Security Secretary Alejandro Mayorkas, this practice discouraged many people from attending court hearings and cooperating with the authorities. In many cases, these same hearings were tied to their immigration status and many did not show up for fear of being arrested there.

This is not to say that ICE agents are totally prohibited from making arrests in court. In cases where the person poses a risk to society, is involved in national security matters, is actively persecuted or the authorities suspect they may destroy evidence in a criminal case, people can be arrested by immigration officers in court.

“The expansion of arrests of immigrants in court during the previous administration has had a chilling effect on people’s willingness to go to court or work in cooperation with law enforcement,” Mayorkas said at the time. of the announcement of the new measure.

The goal, according to the official, is “to balance the administration of fair justice with the application of immigration law.”

During the previous administration, it was argued that the increase in the number of court arrests was the consequence of so-called sanctuary cities (municipalities that decided to protect immigrants, regardless of their immigration status) . Officials said local authorities refused to cooperate with ICE and did not return the migrants even though they posed a danger to society. The priority was to arrest those who posed a risk to public safety, such as gang members, but this did not limit the power of the officers. The result has been that routine arrests have been generated even among people without a criminal record..

While a change in immigration law can only come through a congress, the country’s executive administration can make changes in the implementation of the law, as the announcement illustrates. recent.

While some of the measures implemented by the Trump administration are canceled, others like the so-called “Title 42” are maintained. It is a public health order that authorizes customs and border protection to quickly deport most people who attempt to enter the United States illegally. At the border, they also launched Operation Sentinel, which would crack down on migrant smuggling by imposing financial and travel sanctions on smugglers.

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