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Wednesday, Feb. 7, 2024

Did the Homeland Security secretary tell officials not to deport undocumented immigrants convicted of a felony?


no

​​U.S. Homeland Security Secretary Alejandro Mayorkas told immigration and border officials in a 2021 memo that many factors, not a criminal conviction alone, should be considered when removing noncitizens from the U.S.

“A noncitizen who poses a current threat to public safety, typically because of serious criminal conduct, is a priority for apprehension and removal,” the memo said. “Whether a noncitizen poses a current threat to public safety … requires an assessment of the individual and the totality of the facts and circumstances…. Our personnel should not rely on the fact of conviction … alone.”

U.S. Rep. Derrick Van Orden, R-Prairie du Chien, alluded to a memo while claiming Feb. 6, 2024, that Mayorkas told subordinates “to not deport convicted illegal alien felons.”

Earlier that day, a House of Representatives vote to impeach Mayorkas, which cited his memo, failed. Rep. Mike Gallagher, R-Green Bay, was one of three Republicans voting no.

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