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WASHINGTON - Continuing with a series of enforcement reforms, Secretary of Homeland Security Alejandro N. Mayorkas today issued a new, comprehensive policy to guide Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) enforcement actions in or near protected areas, replacing previous sensitive locations guidance. The first-ever policy for both ICE and CBP provides an expanded and non-exhaustive list of protected areas, including new designations such as places where children gather, disaster or emergency relief sites, and social services establishments.
"In our pursuit of justice, including in the execution of our enforcement responsibilities, we impact people's lives and advance our country's well-being in the most fundamental ways. As a result, when conducting an enforcement action, ICE and CBP agents and officers must first examine and consider the impact of where actions might possibly take place, their effect on people, and broader societal interests," said Secretary Mayorkas. "We can accomplish our law enforcement mission without denying individuals access to needed medical care, children access to their schools, the displaced access to food and shelter, people of faith access to their places of worship, and more. Adherence to this principle is a bedrock of our stature as public servants."
The new policy, which is effective immediately, supersedes and rescinds all previous sensitive locations guidance and establishes that enforcement actions should not be taken in or near a location that would restrain people's access to essential services or engagement in essential activities.
DHS officers and agents will use their judgment to determine whether a location is a "protected area" taking into consideration the activities that take place there, the importance of those activities to the well-being of peopl
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Guidelines focus on national security, public safety, and border security; emphasize prosecutorial discretion
WASHINGTON - Today, Secretary of Homeland Security Alejandro N. Mayorkas announced new Guidelines for the Enforcement of Civil Immigration Law to better focus the Department's resources on the apprehension and removal of noncitizens who are a threat to our national security, public safety, and border security and advance the interests of justice by ensuring a case-by-case assessment of whether an individual poses a threat. In the last six months, Secretary Mayorkas held multiple engagements with the U.S. Immigration and Customs Enforcement (ICE) workforce and leadership across the country, as well as with a range of stakeholders including law enforcement, civic, and community leaders to inform the new guidance.
"For the first time, our guidelines will, in the pursuit of public safety, require an assessment of the individual and take into account the totality of the facts and circumstances," said Secretary Mayorkas. "In exercising this discretion, we are guided by the knowledge that there are individuals in our country who have been here for generations and contributed to our country's well-being, including those who have been on the frontline in the battle against COVID, lead congregations of faith, and teach our children. As we strive to provide them with a path to status, we will not work in conflict by spending resources seeking to remove those who do not pose a threat and, in fact, make our Nation stronger."
Enforcement priorities for apprehension and removal remain focused on noncitizens who are a threat to our national security, public safety, and border security. But the guidelines are a break from a categorical approach to enforcement. They require an assessment of the individual and the totality of
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