New Study Shows ICE Failed to Follow Enforcement Priorities
This past week, the Council, in collaboration with the Immigrant Legal Resource Center, published an analysis of government data showing that more than 35 percent of Immigration and Customs Enforcement’s enforcement actions were taken against individuals who did not meet the enforcement priorities established by the Biden administration. ICE came to label these non-priority enforcement actions as “other” priority.
During the first two months of the Biden administration, U.S. Department of Homeland Security announced interim guidelines directing ICE to focus enforcement actions against individuals who presented a national security threat, a threat to border security, or a threat to public safety, and exercise prosecutorial discretion for those who did not fall under these priorities. The interim priorities also required ICE officers to request approval in writing, when they sought to take enforcement actions against people who were non-priorities. DHS Secretary Alejandro Mayorkas issued final guidance that took effect in November 2021, but implementation of the final guidelines was tangled in litigation until the U.S. Supreme Court ruled this month that the states challenging the legality of the guidelines did not have the legal standing to do so.
The analysis also shows that ICE supervisors approved roughly 90 percent of officers’ request to take enforcement actions against individuals who were not priorities.
The data was obtained as a result of FOIA requests for information on how ICE executed the guidelines while the interim priorities were in effect. The analysis’ findings support advocates’ calls for greater oversight over ICE and the continuous collection of data on how ICE conduct enforcement actions.
Read more: ICE Didn’t Follow Federal Enforcement Priorities Set by Biden Administration
New Practice Advisory for Filing a FOIA Lawsuit
The Council has issued a new Practice Advisory that provides immigration practitioners with step-by-step instructions about how to file a lawsuit under the Freedom of Information Act in federal court.
The Advisory explains the preliminary steps that need to be completed before filing the lawsuit, the appropriate parties in a FOIA case, the proper venue for filing, the types of claims litigants may bring, how to file the complaint and supporting documents, and what to expect after the lawsuit is filed. Additionally, the Advisory contains sample documents to help guide practitioners.
Read more: Step-by-Step Guide to Filing a FOIA Lawsuit
