DHS enforcement priorities have changed under the Biden administration, opening new opportunities to defend your clients from arrest, detention, and deportation. Two new practice advisories from the ILRC, NIPNLG, and IDP provide immigration and criminal defense practitioners with an explanation of the new policies, and what they can do to use DHS’s guidance in defending their clients.  

The practice advisory for immigration attorneys focuses on immigration practice and strategies for seeking prosecutorial discretion from ICE in custody decisions, removal proceedings, and other contexts. The practice advisory for criminal defense attorneys highlights criminal defense implications and strategies for representing noncitizens in criminal cases in light of ICE’s policy changes.

ICE has gotten direct instructions from DHS headquarters to narrow their enforcement operations and release people from custody, and we should use these policies to protect our clients and communities and hold ICE accountable.  

Note that these are interim priorities, and DHS will issue a finalized policy in the next few months. We will update these resources accordingly.
 

Practice Advisory for Immigration Attorneys: The Biden Administration’s Interim Enforcement Priorities

Practice Advisory for Criminal Defense Attorneys: The Biden Administration’s Interim Enforcement Priorities

Related Resource​​​​​​
Feburary 18th Interim ICE Johnson Memo