On July 30, 2023, the Immigration & Customs Enforcement (ICE) Office of Public Engagement (OPE) announced the reinstatement of the Civil Immigration Enforcement Priorities as set forth in the Guidelines for the Enforcement of Civil Immigration law originally signed by Secretary of Homeland Security Alejandro N. Mayorkas on September 30, 2021. 

These guidelines were vacated in June 2022, and reinstated following the U.S. Supreme Court’s decision in United States v. Texas last month. 

The OPE announced that, with reinstitution of these priorities, ICE’s Enforcement and Removal Operations (ERO) officers will continue to prioritize the apprehension and removal of noncitizens who pose a threat to national security, public safety, or border security from the United States. This will include obtaining and reviewing noncitizens’ entire criminal record, administrative record, and any other investigative information available.

In addition, the ICE Office of the Principal Legal Advisor (OPLA) reinstated Principal Legal Advisor Kerry Doyle’s memorandum from April 2022. The Doyle Memo provided guidance to ICE Office of the Principal Legal Advisor (OPLA) attorneys assigned to handle proceedings before the Executive Office for Immigration Review (EOIR), following the Mayorkas Memorandum’s civil immigration priorities. This policy opens another avenue for individuals in removal proceedings to resolve their cases through administrative closure and dismissal.

For questions about how the reinstatement of the Mayorkas and Doyle Memoranda may impact your immigration proceedings, please contact Stephen Antwine, Esq. of Green & Spiegel at (215) 395-8959 or at santwine@gands-us.com.

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