The incoming administration has begun to equivocate on what it means by mass deportation. through 2024, Trump and allies have used the word “illegal” in three ways” (1) those who are here without permission and without documentation, of which there are about 11 – 12 million,  (2) also those here with permission, but the permission is alleged to be illegal — such as DACA and many humanitarian parole, and (3) only persons who committed a crime.

Let’s see how the Biden administration targetted deportations:

The Sept 1, 2021 memorandum from Secretary Alejandro N. Mayorkas of the U.S. Department of Homeland Security set forth guidelines for deportation of non-citizens. The memorandum is a useful benchmark of Biden’s immigration law enforcement policy to compare with the incoming Trump administration.  Mayorkas placed great emphasis on the exercise of prosecutorial discretion. ​ Key points include:

Prosecutorial Discretion: Federal officials have broad discretion in deciding who to arrest, detain, and remove.​ The enforcement priorities are: National Security: Noncitizens involved in terrorism or espionage. ​Public Safety: Noncitizens with serious criminal conduct, assessed on a case-by-case basis considering aggravating and mitigating factors. ​Border Security: Noncitizens apprehended at the border or after unlawful entry post-November 1, 2020. ​

The memorandum sets these procedural guidelines: Civil Rights and Liberties: Enforcement actions must not be discriminatory and should protect civil rights and liberties. ​Retaliation Protection: Immigration enforcement should not be used to retaliate against noncitizens asserting legal rights in labor or housing disputes. ​ Quality and Integrity: Training, data collection, and review processes will ensure consistent and fair enforcement actions. ​Implementation: The guidance will take effect on November 29, 2021, replacing previous interim guidance. ​

The document emphasizes targeted enforcement to use resources effectively and justly, focusing on threats while considering the contributions of noncitizens to communities.

Thanks to Fred Bauer at Unherd.