Dear IMLA Border Communities Working Group:
This is a reminder that we have a call tomorrow at 2 pm eastern. Here is the zoom link:
https://zoom.us/j/91378381052
Also, I am forwarding an email from the US Department of Homeland Security regarding the new guidance to limit ICE and CBP enforcement actions near courthouses. See below my signature line for details.
Thank you,
Amanda
Amanda Kellar Karras
Deputy General Counsel /
Director of Legal Advocacy
P: (202) 466-5424 x7116
Email: akarras@imla.org
[facebook icon]https://www.facebook.com/InternationalMunicipalLawyersAssociation/[twitter icon]https://twitter.com/imlalegal[linkedin icon]https://www.linkedin.com/company/international-municipal-lawyers-association-inc./
[logo]https://imla.org/
51 Monroe St. Suite 404
Rockville, MD, 20850
www.imla.orghttp://www.imla.org/
Plan Ahead!
IMLA's fully virtual 2021 Mid-Year Seminarhttps://imla.org/seminars/, April 19-23, 2021!
IMLA's 86th Annual Conferencehttps://imla.org/annual-conference/, Sept. 29-Oct. 3, 2021 in Minneapolis, MN!
From: U.S. Department of Homeland Security <departmentofhomelandsecurity@messages.dhs.govmailto:departmentofhomelandsecurity@messages.dhs.gov>
Sent: Tuesday, April 27, 2021 10:23 AM
To: Priamos, Greg <GPriamos@RIVCO.ORGmailto:GPriamos@RIVCO.ORG>
Subject: DHS Announces New Guidance to Limit ICE and CBP Civil Enforcement Actions In or Near Courthouses
U.S. DEPARTMENT OF HOMELAND SECURITY
Office of Public Affairs
DHS Announces New Guidance to Limit ICE and CBP Civil Enforcement Actions In or Near Courthouses
Today, Secretary of Homeland Security Alejandro N. Mayorkas directed U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) to place new limits on civil immigration enforcement actions in or near courthouses. Acting Director of ICE Tae Johnson and Acting CBP Commissioner Troy Miller have issued a memorandum to ICE and CBP personnel pertaining to the limited circumstances in which civil immigration enforcement actions may be carried out in or near a courthouse. The interim guidance is intended to balance the importance of preserving access to courts in the fair administration of justice with legitimate civil immigration enforcement interests. Additional guidance will be forthcoming following the release of updated immigration enforcement priorities. This policy supersedes an ICE Directive issued in 2018 and marks the first time CBP has ever had formal policy guidance regarding civil immigration enforcement in or near courthouses.
"Ensuring that individuals have access to the courts advances the fair administration of justice, promotes safety for crime victims, and helps to guarantee equal protection under the law," said Secretary Mayorkas. "The expansion of civil immigration arrests at courthouses during the prior administration had a chilling effect on individuals' willingness to come to court or work cooperatively with law enforcement. Today's guidance is the latest step in our efforts to focus our civil immigration enforcement resources on threats to homeland security and public safety."
A civil immigration enforcement action may be taken in or near a courthouse only in certain limited instances, including the following: (1) it involves a national security matter, (2) there is an imminent risk of death, violence, or physical harm to any person, (3) it involves hot pursuit of an individual who poses a threat to public safety, or (4) there is an imminent risk of destruction of evidence material to a criminal case. The interim guidance also makes clear that civil immigration enforcement is permitted against public safety threats in the absence of hot pursuit where necessary and with prior approval.
The memorandum directs supervisors to ensure that all employees are trained annually on this policy and that such training is documented and reviewed by agency counsel. ICE and CBP will each provide a monthly report to Secretary Mayorkas, and to the DHS Office for Civil Rights and Civil Liberties upon request, detailing all planned or executed civil immigration enforcement actions in or near courthouses, including the basis under this policy for each enforcement action.
#
Dear IMLA Border Communities Working Group:
This is a reminder that we have a call tomorrow at 2 pm eastern. Here is the zoom link:
https://zoom.us/j/91378381052
Also, I am forwarding an email from the US Department of Homeland Security regarding the new guidance to limit ICE and CBP enforcement actions near courthouses. See below my signature line for details.
Thank you,
Amanda
Amanda Kellar Karras
Deputy General Counsel /
Director of Legal Advocacy
P: (202) 466-5424 x7116
Email: akarras@imla.org
[facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./>
[logo]<https://imla.org/>
51 Monroe St. Suite 404
Rockville, MD, 20850
www.imla.org<http://www.imla.org/>
Plan Ahead!
IMLA's fully virtual 2021 Mid-Year Seminar<https://imla.org/seminars/>, April 19-23, 2021!
IMLA's 86th Annual Conference<https://imla.org/annual-conference/>, Sept. 29-Oct. 3, 2021 in Minneapolis, MN!
From: U.S. Department of Homeland Security <departmentofhomelandsecurity@messages.dhs.gov<mailto:departmentofhomelandsecurity@messages.dhs.gov>>
Sent: Tuesday, April 27, 2021 10:23 AM
To: Priamos, Greg <GPriamos@RIVCO.ORG<mailto:GPriamos@RIVCO.ORG>>
Subject: DHS Announces New Guidance to Limit ICE and CBP Civil Enforcement Actions In or Near Courthouses
U.S. DEPARTMENT OF HOMELAND SECURITY
Office of Public Affairs
________________________________
DHS Announces New Guidance to Limit ICE and CBP Civil Enforcement Actions In or Near Courthouses
Today, Secretary of Homeland Security Alejandro N. Mayorkas directed U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) to place new limits on civil immigration enforcement actions in or near courthouses. Acting Director of ICE Tae Johnson and Acting CBP Commissioner Troy Miller have issued a memorandum to ICE and CBP personnel pertaining to the limited circumstances in which civil immigration enforcement actions may be carried out in or near a courthouse. The interim guidance is intended to balance the importance of preserving access to courts in the fair administration of justice with legitimate civil immigration enforcement interests. Additional guidance will be forthcoming following the release of updated immigration enforcement priorities. This policy supersedes an ICE Directive issued in 2018 and marks the first time CBP has ever had formal policy guidance regarding civil immigration enforcement in or near courthouses.
"Ensuring that individuals have access to the courts advances the fair administration of justice, promotes safety for crime victims, and helps to guarantee equal protection under the law," said Secretary Mayorkas. "The expansion of civil immigration arrests at courthouses during the prior administration had a chilling effect on individuals' willingness to come to court or work cooperatively with law enforcement. Today's guidance is the latest step in our efforts to focus our civil immigration enforcement resources on threats to homeland security and public safety."
A civil immigration enforcement action may be taken in or near a courthouse only in certain limited instances, including the following: (1) it involves a national security matter, (2) there is an imminent risk of death, violence, or physical harm to any person, (3) it involves hot pursuit of an individual who poses a threat to public safety, or (4) there is an imminent risk of destruction of evidence material to a criminal case. The interim guidance also makes clear that civil immigration enforcement is permitted against public safety threats in the absence of hot pursuit where necessary and with prior approval.
The memorandum directs supervisors to ensure that all employees are trained annually on this policy and that such training is documented and reviewed by agency counsel. ICE and CBP will each provide a monthly report to Secretary Mayorkas, and to the DHS Office for Civil Rights and Civil Liberties upon request, detailing all planned or executed civil immigration enforcement actions in or near courthouses, including the basis under this policy for each enforcement action.
# # #