In the United States, there are approximately 11 million undocumented immigrants. The Black population is now at least 10% predominantly immigrant, and non-citizens account for 8.7% of the entire U.S. population.
Black people are disproportionately profiled, stopped and arrested by police.
Immigration advocates welcomed new guidelines announced by Department of Homeland Security Secretary Alejandro Mayorkas that would guide actions taken by ICE agents in the country. Under the Trump administration, which allowed the arrest of anyone illegally residing in the country, these undocumented immigrants may be spared deportation under ICE’s new guidelines.
“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,” Mayorkas said in the memo.
Previously, the Biden administration released an interim memo stating that officers should target immigrants who recently crossed the border or have certain criminal histories for arrest. A supervisor’s approval was required for arrests outside these parameters. It is important to note that the new guidelines reflect a significant shift in understanding regarding prosecutorial discretion, which is more than just an efficient allocation of resources; it also plays a crucial role in advancing justice and justice for all.
Immigrants who pose a threat to national security and public safety are the focus.
According to the new memo, some of the factors that should be considered in deciding whether to decline enforcement are:
• advanced or tender age;
• lengthy presence in the United States;
• a mental condition that may have contributed to the criminal conduct, or a physical or mental condition requiring care or treatment;
• status as a victim of crime or victim, witness, or party in legal proceedings;
• the impact of removal on families in the United States, such as loss of provider or caregiver;
• whether the noncitizen may be eligible for humanitarian protection or other immigration relief; military or other public service of the noncitizen or their immediate family
While there were some improvements to enforcement in the memo, ICE agents retain a dangerous degree of discretion.
The memo states “We must exercise our discretionary authority in a way that protects civil rights and civil liberties. The integrity of our work and our Department depend on it. A noncitizen’s race, religion, gender, sexual orientation or gender identity, national origin, or political associations shall never be factors in deciding to take enforcement action.”
The memo includes training and data collection on the policy. The guidance leaves the exercise of prosecutorial discretion to our personnel. The Black community hopes that this discretion will be applied equally to all immigrant communities.
