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Palm Beach County Immigration Attorney > Blog > Immigration > Illegal Immigrant Criminals May No Longer Be Detained In The United States

Illegal Immigrant Criminals May No Longer Be Detained In The United States


The Biden administration is making sweeping changes to US immigration law, and although the courts have presented various barriers to this administration’s goals, these hurdles are slowly being surpassed. The latest victory for the Biden administration came on April 13th, when the US Circuit Court of Appeals said that the well-known September memo from the US Department of Homeland Security could be upheld, allowing certain criminal illegal immigrants to avoid detention. This means that undocumented migrants may see more favorable treatment from US officials in the future.

Of course, it’s best to avoid this scenario entirely and pursue legal citizenship. This might be easier than you think, especially if you work alongside a qualified, experienced legal professional. These immigration lawyers can help you strive for the best possible results, taking advantage of the recent changes the Biden administration has made to US immigration law. With the right guidance, you can become a US citizen and settle in a place like Palm Beach County.

What is the September Memo? 

To understand the significance of this latest report, you first must understand the significance of the September memo. Issued by the US Immigration and Custom Enforcement Office in September of 2021, this memo encouraged ICE prosecuting attorneys to “act favorably” in cases of those considered not a priority by the Biden administration. In other words, the ICE suggested that prioritizing the “worst” undocumented illegal immigrants would be better than simply going after all of them.

Certain States Fight Back 

Certain states were not happy about this memo, and they filed an official complaint in November. The states included Ohio, Arizona, and Montana, who all claimed that the DHS could not simply “pick and choose” which undocumented migrants to detain, since all are effectively convicted criminals who are breaking the law. Furthermore, they argued that allowing these individuals to roam free in their states represented a public safety risk, especially since many of the undocumented migrants have been convicted of violent crimes.

6th US Circuit Court of Appeals Supports the September Memo 

Recently, the Appeals Court found that the September Memo could be upheld, rejecting a claim made by a previous District Judge that federal law actually requires the DHS to detail all individuals who have committed crimes while in the US illegally. The Appeals Court also pointed out that federal law gives the DHS broad discretion to release migrants facing deportation in some cases. This development is seen as a victory for Biden’s administration because it paves the way for a more lax and “favorable” immigration policy in the United States when it comes to undocumented migrants.

Enlist the Help of a Qualified Attorney Today 

For help with your case, reach out to the Palm Beach County immigration lawyers at the Devore Law Group. We have been helping immigrants acquire US visas for many years now, and we can help you navigate the immigration process in a confident, efficient manner. With our assistance, you can avoid small errors and strive for the greatest chances of success. Book your consultation today.



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