Republican officials in Texas and Louisiana convinced a federal judge to block rules that directed ICE to focus on arresting immigrants deemed to threaten national security or public safety.
that took effect over the weekend, leaving deportation agents across the U.S. without any official instructions on which immigrants they should, and should not, detain.U.S. Immigration and Customs Enforcement agents to arrest immigrants deemed to pose a threat to public safety or national security, and migrants who recently crossed a U.S. border unlawfully.
Tipton agreed to pause his ruling to give the administration time to appeal, and the Justice Department asked the Fifth Circuit Court of Appeals to suspend his order. But the appellate court did not issue a decision on the government's request before Tipton lifted the pause on his ruling on Saturday morning.
While the suspension of ICE's arrest prioritization scheme is unlikely to place the country's estimated 11 million unauthorized immigrants in immediate danger of being arrested, the absence of national standards could lead to inconsistent enforcement actions across the U.S., including arrests of immigrants whom agents were previously instructed not to detain, legal experts said.
"Individuals in jurisdictions which have historically been more prone to enforcement have more to fear now than those in jurisdictions that have a more balanced approach toward enforcement," said Chishti, who leads the Migration Policy Institute's New York office. The Biden administration has also discontinued large-scale ICE arrests at worksites and expanded the list of so-called"protected areas" where deportations agents should generally not arrest immigrants to include disaster sites, places where children gather and social services establishments.
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