Claiming "Limited resources", the Pekoske memo narrowed immigration enforcement to three specified "Priorities": spies, terrorists, and other threats to national security; aliens who entered illegally on or after November 1, 2020; and aliens released from incarceration on or after the date of that memorandum who had been convicted of aggravated felonies(43) of the INA).
By its terms, the Pekoske memo was a stopgap placeholder until other immigration enforcement guidelines were issued by DHS. Thereafter, on February 18, Acting ICE Director Tae Johnson issued such guidance, captioned "Interim Guidance: Civil Immigration Enforcement and Removal Priorities".
The Tae Johnson memo expanded ever so slightly on the class of aliens deemed enforcement priorities in Pekoske memo.
On August 19, in a suit filed by the states of Texas and Louisiana against DHS, Judge Drew Tipton of the U.S. District Court for the Southern District of Texas issued an order enjoining restrictions in the Pekoske and Tae Johnson memos on immigration agents in their enforcement of the immigration laws against criminal aliens.
Respectfully, who cares if an alien child sex offender is a 70-year-old diabetic whose son works for the local DMV? The INA doesn't, and whether the alien is eligible for an immigration benefit or asylum is an issue for the immigration courts in removal proceedings.
With respect to those aliens, the Mayorkas memo is worse than its predecessors, because it requires officers and agents to determine, again, whether there are "Mitigating or extenuating facts and circumstances that militate in favor of declining enforcement action".
The Mayorkas memo short-circuits that process in the case of almost every alien, and most criminal ones, too.
https://cis.org/Arthur/New-Mayorkas-Memo-Further-Guts-Immigration-Enforcement
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