ICE's NEW MEMO 2/18/2021: PRIORITIES

On February 18, 2021, ICE's Acting Director, Tae D. Johnson, issued interim guidance in the form of a memorandum to all ICE employees.

The Memo sets up three categories of assumed priority cases: 1) national security; 2) Border Security (caught after 11/1/2020 entering unlawfully or not present before that date in the USA); and, 3) Public Safety (aggravated felons under the INA and street gangs).

It will be interesting to see if prosecutorial discretion will make a come back before OPLA and if ERO will once again issue supervisory orders in the near future.