Page 8 - July August 2021 CBA Report

Cover Article
Courthouse Enforcement
As a practical matter, this final topic may have the most relevance for the non-immigration practitioner, as it deals with prior administration policy regarding civil immigration enforcement against individuals located inside State and Local courthouses for non-immigration-related cases.
Specifically, on January 10, 2018, the former administration released “Direc- tive 11072.1”, which addressed the policies under which civil immigration enforce- ment actions (i.e., arrests) would be effectuated against individuals while they were inside federal, state, and local court- houses. Among other policy instructions, the Directive ultimately gave individual ICE Officers and agents the ability to “make enforcement determinations on a case-by-case basis in accordance with federal law and consistent with U.S. Department of Homeland Security (DHS) policy.”22
However, on April 27, 2021, the Department of Homeland Security (DHS) issued a memo to all personnel for Immi- gration and Customs Enforcement (ICE) and Customs and Border Protection (CBP).23 That memo established the limited circumstances in which civil immigration enforcement actions may be carried out in or near a courthouse, and superseded prior ICE policy. Under the new policy, a civil immigration enforcement action may generally be taken in or near a courthouse only in limited instances, such as national security matters, cases where there is an imminent risk of death or harm, hot pursuit, or an imminent risk of destruc- tion of evidence in a criminal case.24
These changes are only a small part of the vast overhaul of U.S. immigration policy currently underway. And while the ultimate outcome of this overhaul is yet to be seen, it is clear our current administra- tion has taken an intentionally different tack than the last.
Somers is the manager and owner of Blake P. Somers LLC. His practice focuses on Immigration, Criminal Law, Family Law, and Appellate Litigation, as well as the intersection thereof. He has also handled a number of matters reaching beyond the borders of the United States, and is a member of the U.S. Department of State’s “Attorney Network” for the Hague Convention on the Civil Aspects of International Child Abduction.
1 2
3 4
5 6
7
8 9
This article is limited to guidance issued on or before June 1, 2021.
https://trumpwhitehouse.archives.gov/presidential-ac- tions/executive-order-border-security-immigration-en- forcement-improvements/
Id.
https://www.defense.gov/Newsroom/Releases/Release/ Article/2591993/dod-release-regarding-cancella- tion-of-border-barrier-project-cancellation/
See generally, 8 U.S.C. §1182(a)(4) et seq.
See, https://www.govinfo.gov/content/pkg/FR-2019- 08-14/pdf/2019-17142.pdf (84 Fed.Reg 41294)(Aug. 14, 2019).
See, https://www.uscis.gov/news/news-releases/ uscis-announces-final-rule-enforcing-long-standing-pub- lic-charge-inadmissibility-law
http://web.archive.org/web/20200206144938/https:// www.uscis.gov/i-864
See,Wolf v. Cook County, 589 U.S. ____ (2020); https://www.supremecourt.gov/opinions/19pd- f/19a905_7m48.pdf
13 Id.
14 Id. at Sec.5(b)&(c).
15 See, Executive Order 13993, available at: https:// www.whitehouse.gov/briefing-room/presidential-ac- tions/2021/01/20/executive-order-the-revision-of-civ- il-immigration-enforcement-policies-and-priorities/, at Sec. 2
16 https://www.dhs.gov/sites/default/files/publica- tions/21_0120_enforcement-memo_signed.pdf
17 Id.
18 Id.
19 https://www.ice.gov/doclib/news/releas- es/2021/021821_civil-immigration-enforcement_inter- im-guidance.pdf
20 Id.
21 Id.
22 https://www.ice.gov/sites/default/files/documents/Docu- ment/2018/ciEnforcementActionsCourthouses.pdf
23 https://www.dhs.gov/news/2021/04/27/dhs-announc- es-new-guidance-limit-ice-and-cbp-civil-enforcement- actions-or-near; see also, https://www.ice.gov/sites/ default/files/documents/ciEnforcementActionsCourt- houses2.pdf
24 Id.
10 https://www.govinfo.gov/content/pkg/FR-2021-03-15/ pdf/2021-05357.pdf (86 Fed.Reg 14221)(March 15, 2021).
11 Id.
12 https://trumpwhitehouse.archives.gov/presidential-ac- tions/executive-order-enhancing-public-safety-interi- or-united-states/
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