100 Day Pause on Removals

On January 22, 2021, DHS was directed to pause removals of certain noncitizens ordered deported for 100 days. The pause of removals does not include anyone who:

  1. According to a written finding by the Director of ICE, has engaged in or is suspected of terrorism or espionage, or otherwise poses a danger to the national security of the United States; or
  2. Was not physically present in the United States before November 1, 2020; or
  3. Has voluntarily agreed to waive any rights to remain in the United States, provided that he or she has been made fully aware of the consequences of waiver and has been given a meaningful opportunity to access counsel prior to signing the waiver; or
  4. For whom the Acting Director of ICE, following consultation with the General Counsel, makes an individualized determination that removal is required by law.

However, on January 26, 2021, U.S. District Judge Drew Tipton in the Southern District of Texas issued a temporary restraining order blocking DHS from implementing the freeze for 14 days.

AILA – DHS Acting Secretary Issues Memorandum on Immigration Enforcement Policies