Effective immediately, ICE has new interim (temporary) enforcement priorities. We expect final priorities, which may be different, within 90 days. We will continue to update this page as we find out more about the enforcement priorities.
What is an enforcement priority?
Someone who is an enforcement priority is at risk of ICE apprehension, detention, and removal. ICE uses enforcement priorities to decide:
- When to stop, question, or arrest someone
- Whether to detain someone or request that law enforcement hold them until ICE is able to arrest them (a detainer)
- Whether to release someone from detention
- Whether to start or continue removal proceedings against someone
- Whether to deport someone
What are the new, interim enforcement priorities?
The new enforcement priorities can be divided into three categories: people that ICE believe are a threat to National Security, Border Security, or Public Safety. If any of the below descriptions are believed to apply to you, you may be at higher risk of ICE apprehension, detention, and removal.
- People ICE believes are a threat to National Security
- Suspected of engaging in terrorism, espionage, or related activities
- People ICE believes are a threat to Border Security
- Arrived on or after 11/1/2020
- People ICE believes are a threat to Public Safety
- Have a conviction for aggravated felony (this is a complex immigration term applying to some state convictions that are not even felonies)
- Have a conviction for a crime with an element involving gang membership
- Aged 16 or older and member of a gang
If I am not included in these priorities, am I safe from ICE arrest and deportation?
Not necessarily. ICE officers may receive pre-approval for arresting and detaining individuals who do not fall within one of these three priorities.
What can I do?
- Know Your Rights. If you have an encounter with someone you think may be an ICE officer, you still have a right to:
- Ask whether the officer is with ICE or CBP
- Remain silent other than to ask to speak to an attorney
- Refuse to open the door unless the officer has a warrant signed by a judge
- Read more about steps you can take to defend your rights at: immigrantjustice.org/kyr
- Get a Legal Screening. You can call NIJC at 312-660-1370, or reach out to a legal service provider in your area.
- Organize and get involved with a local community based organization