DHS relaxes deportation regulations

U.S. Homeland Security Secretary Alejandro Mayorkas announced new guidelines on Thursday that limit arrests and deportations of illegal immigrants. The new rules, which will take effect Nov. 29, instruct authorities only to pursue those who pose a public safety threat or who illegally crossed into the United States recently—after Nov. 1, 2020. The rules will consider a “totality of circumstances” for considering someone a safety threat. This can include suspected criminal activity as well as felony convictions. However, the rule also tells authorities to consider circumstances such as age, public service, or length of time in the United States as mitigating factors for deportation. It also protects noncitizens under the First Amendment by not allowing border officials to deport someone for participating in protests or union activities. In another Thursday decision, a federal appeals court allowed Title 42—a public health rule permitting deportations during the COVID-19 pandemic—to remain in effect. It was formerly scheduled to end on Thursday.

Why the change? The Biden administration faced much criticism for its handling of thousands of Haitian asylum-seekers who flocked to the Texas border at Del Rio last month. The administration has also been working to reverse former President Donald Trump’s zero-tolerance border policy of illegal crossings. Mayorkas said law enforcement does not have the capacity to pursue the estimated 11 million residents living without legal status in the United States.

Dig deeper: Read Marvin Olasky’s reflections on two decades of immigration policy.