Advocating for Clients under the Biden Administration's
Interim Enforcement Priorities
New Practice Advisories by the Immigrant Legal Resource Center,
National Immigration Project of the National Lawyers
Guild, and Immigrant Defense Project
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 -
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practice advisory for immigration attorneys -
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focuses on immigration practice and strategies for seeking
prosecutorial discretion from ICE in custody decisions, removal
proceedings, and other contexts. The -
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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.
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Practice Advisory for Immigration Attorneys: The Biden
Administration’s Interim Enforcement Priorities
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Practice Advisory for Criminal Defense Attorneys: The Biden
Administration’s Interim Enforcement Priorities
Related Resource
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February 18th Interim ICE Johnson Memo
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