Effective November 29, 2021, the Department of Homeland Security (DHS) will implement new guidance in its exercise of prosecutorial discretion in the removal of noncitizens. This new guidance requires officers to look at the individual case and the totality of the facts and circumstances when deciding whether to remove someone from the U.S. The purpose of this guidance is to focus DHS’s limited resources on removable noncitizens that present a threat to national security, public safety, and border security.

Currently, there is an estimated 11 million removable noncitizens, many of which are not a threat to the United States. As DHS recognized, there are many individuals that are removable noncitizens that have been on the “frontlines battling Covid, lead congregations of faith, and teach our children.” This guidance recognizes this and makes those who are in fact a national security threat a priority.

If you have questions about your immigration status or any immigration-related issue, contact us at ILBSG. We are here to work with you to ensure you get the right advice.

dhs Removable Noncitizen