Biden Administration's Immigration Enforcement Priorities: Background and Legal Considerations [Updated December 10, 2021] [open pdf - 754KB]
From the Document: "Almost immediately after taking office, President Biden issued a series of directives on immigration matters. Some of these directives [hyperlink] 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. national ('alien' under federal law [hyperlink]) 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). 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. [...] 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/