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Tipsheet

'Prosecutorial Discretion': Mayorkas Memo Promises Leniency for Illegal Immigrants

AP Photo/Felix Marquez

Department of Homeland Security Secretary Alejandro Mayorkas is apparently not content to just allow the U.S.-Mexico border remain a porous line in the sand, but he wants to make sure those who come into this country illegally face no consequences and are allowed to stay in America. 

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A new memo issued by Mayorkas on Thursday updates the "Guidelines for the Enforcement of Civil Immigration Law" to set the Biden administration's policy for "the apprehension and removal of noncitizens" and will take effect on November 29, 2021.

The memo explains that "It is estimated that there are more than 11 million undocumented or otherwise removable noncitizens in the United States" and as such "We do not have the resources to apprehend and seek the removal of every one of these noncitizens." As a result, the position of the Biden administration is that "The fact an individual is a removable noncitizen therefore should not alone be the basis of an enforcement action against them."

One would think the admission of this reality would mean Mayorkas and Biden might take action to address the serious problem of border security to keep any additional illegal immigrants out of the country, but instead they continually do the opposite. 

By using prosecutorial discretion, Mayorkas claims DHS and its agencies can "focus our efforts on those who pose a threat to national security, public safety, and border security and thus threaten America's well-being."

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One might also think that a policy stating illegal immigrants' illegal presence in the country is not grounds enough for removal would be the opposite of focusing efforts on border security, but the Biden administration insists it is. 

In a bit of public relations work for the illegal immigrant community, Mayorkas in his memo claims that "In exercising our discretion, we are guided by the fact that the majority of undocumented noncitizens who could be subject to removal have been contributing members of our communities for years. They include individuals who work on the frontlines in the battle against COVID, lead our congregations of faith, teach our children, do back-breaking farm work to help deliver food to our table, and contribute in many other meaningful ways," the memo states without mentioning anything about the human and drug trafficking, violent crimes, and public health crises that also accompany unmitigated illegal immigration. 

The priority prosecution targets, according to Mayorkas, are now those engaged in terrorism or espionage, serious criminal conduct, and — confusingly — if they are apprehended illegally crossing the border. 

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The Biden administration's delusion when it comes to the border knows no end. From Mayorkas' past claims that the border is closed while 15,000 migrants crossed illegally to inconsistent enforcement of Wuhan coronavirus protocol that's jeopardized American communities along the border, they just don't have a handle on the situation. Instead of securing the border, removing individuals who enter the U.S. illegally, or enforcing the law of our country, Jen Psaki only complains that the administration is "a little tired" of people pointing out their failures.

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