ICE Issues Interim Guidance Regarding Civil Immigration Enforcement and Removal Policies and Priorities

On September 30, 2021, DHS issued updated guidance on the enforcement of civil immigration law. Guidance is effective on November 29, 2021, and will at that time rescind prior civil immigration guidance.

ICE issued interim guidance to all OPLA attorneys to guide them in appropriately executing interim civil immigration enforcement and removal priorities and exercising prosecutorial discretion.


On August 23, 2021, in the Texas, et. al. v. United States, et. al., ltigation, Judge Drew Tipton of the U.S. District Court for the Southern District of Texas issued a stay, stating that: “As for the actual injunction, the Court grants relief to the extent that it STAYS the applicability of the Preliminary Injunction, (Dkt. No. 79 at 157-58), until Monday, August 30, 2021, at 12:00 p.m. to allow the Defendants time to seek relief at the appellate level.” For more information, read this Politico article, "Trump-appointed judge clashes with Biden DOJ in immigration suit."

On August 19, 2021, ICE added a note that OPLA has suspended reliance on this guidance due to ongoing litigation in Texas v. United States.

Screenshot of OPLA update on webpage

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Cite as AILA Doc. No. 21060499.

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