Immigration Enforcement Priorities and Presidential Duty

U.S. Citizenship and Immigration Service building (Gulbenk, https://commons.wikimedia.org/wiki/File:U.S._Citizenship_and_Immigration_Service.jpg; CC BY-SA 3.0, https://creativecommons.org/licenses/by-sa/3.0/deed.en).

The Supreme Court will consider a challenge to immigration enforcement priorities this December in a case with significant implications for everyday immigration policing. The case arises from the Biden administration’s effort to narrow immigration enforcement priorities as part of a broader objective to reverse the immigration policies of the prior administration.

On Sept. 30, 2021, Secretary of Homeland Security Alejandro Mayorkas issued a guidance memorandum to the acting director of Immigration and Customs Enforcement (ICE) setting priorities for enforcement. This memorandum explained the rationale for prosecutorial

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