As President Biden’s immigration reform plan takes shape, all branches of the Department of Homeland Security (DHS) are undergoing crucial change. DHS oversees Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS). A memorandum published by ICE on February 18, 2021, laid out the first-round of new ICE detention and deportation priorities. Unless you fall under the three categories of priorities below, it is unlikely that you will be detained by ICE:

  • National security: Anyone engaged in terrorism, espionage or espionage-related activities, or any other danger to U.S. national security. 
  • Border Security: Anyone apprehended at the border on or after November 1, 2020, and/or not in the U.S. on or before November 1, 2020.
  • Public Safety: Anyone convicted of an aggravated felony (defined by immigration law, includes some misdemeanors) or convicted of an offense involving participation in an active criminal gang where the person is over the age of 16 and was actively participating in gang activity.  

Just this week, Molina Law Group received additional information from our local ICE regarding changes to ICE reporting policies for those released from detention. ICE is in the process of reviewing all of cases currently reporting in their office, and many will no longer need to wear ankle monitors or report regularly to ICE. Please check with ICE if you think you may be eligible to get your ankle monitor removed. 

Another notable change to ICE policy is mandatory, advance notice for any at-large enforcement operations. In other words, ICE must notify local police and public safety organizations if they are going to engage in a raid in large, public areas. 

For a detailed summary in both Spanish and English of the soon-to-be released changes to ICE reporting policy, please refer to this video by our attorney, Abigail Molina. Molina Law Group will provide updates as soon as ICE publicly releases these new reporting policies. Please reach out to our office to see if these changes will affect your case, or to learn about your citizenship options.