A memo issued by Homeland Security Secretary Alejandro Mayorkas directed ICE agents to focus on arresting immigrants found to pose a threat to national security or public safety, as well as migrants who recently crossed a U.S. border illegally.
A federal judge in Ohio on Tuesday partially blocked a Biden administration directive that instructed Immigration and Customs Enforcement officers to prioritize certain groups of immigrants for arrest and deportation, agreeing with a legal challenge mounted by three Republican-led states.
However, Mayorkas' directive gave ICE more discretion to decide whether immigrants with criminal convictions threaten public safety, instructing agents to consider a set of aggravating factors, such as the gravity of the offense and prior arrests, and mitigating factors, including prior service in the military and the time the immigrant has lived in the U.S., before making arrests.
It's unclear how ICE will comply with Tuesday's ruling and whether the agency will continue to enforce parts of Mayorkas' memo that were not blocked. Representatives for DHS did not respond to a request to comment on the ruling. The Justice Department, which could appeal the order, did not comment. Over the past year, the Biden administration has sought to reshape immigration policies at ICE, an agency that has faced intense criticism from progressives and advocates for immigrants.
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