Wednesday, Feb. 7, 2024
Did the Homeland Security secretary tell officials not to deport undocumented immigrants convicted of a felony?
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.
This fact brief is responsive to conversations such as this one.
Sources
- Immigration and Customs Enforcement Guidelines for the Enforcement of Civil Immigration Law
- RepVanOrden Tonight, Rep. Van Orden voted to impeach Secretary Mayorkas and provide supplemental funds for Israel. Hear his thoughts on how tonight’s votes went: https://t.co/apCacquEWi
- Cloudfront.net Articles of impeachment
- AP News House vote to impeach Homeland Security Secretary Mayorkas fails, thwarted by Republican defections
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