Biden Administration's Immigration Enforcement Priorities: Background and Legal Considerations [Updated August 4, 2021] [open pdf - 739KB]
From the Document: "Almost immediately after taking office, President Biden issued a series of directives 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. Federal statute confers immigration authorities with 'broad discretion' 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. Resource or humanitarian concerns have typically led authorities to prioritize enforcement actions against subsets of the removable population (e.g., those who have committed certain crimes or pose national security risks). [...] 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/