Biden Administration's Immigration Enforcement Priorities: Background and Legal Considerations [March 9, 2021] [open pdf - 710KB]
From the Document: "Almost immediately after taking office, President Biden issued a series of directives [hyperlink] on immigration matters. Some of these directives focused on altering the immigration enforcement priorities of the Department of Homeland Security (DHS), the agency primarily charged with the enforcement of federal immigration laws [hyperlink]. Federal statute confers immigration authorities with 'broad discretion' [hyperlink] to determine when it is appropriate to pursue the removal of a non-U.S. citizen or national (alien) who lacks a legal basis to remain in the country. [...] The Trump Administration made enforcement a touchstone of its immigration policy, and generally sought to enforce [hyperlink] federal immigration laws against a broader range of aliens who had committed immigration violations than the Obama Administration. The Trump Administration also sought to rescind [hyperlink] the Deferred Action for Childhood Arrivals [hyperlink] (DACA) program, which allows certain unlawfully present aliens who came to the United States as children to remain and work in this country for a certain period of time. President Biden has rescinded [hyperlink] some of the Trump Administration's immigration measures, and also has directed DHS to reexamine its immigration enforcement policies and priorities. DHS has sought, during the pendency of that review, to temporarily restrict [hyperlink] immigration enforcement actions to cover only certain aliens, and to suspend [hyperlink] the execution of most removal orders for a period of 100 days. [...] This Sidebar addresses the Biden Administration's immigration enforcement priorities and legal considerations that they raise."
CRS Legal Sidebar, LSB10578
Congressional Research Service: https://crsreports.congress.gov/