Biden’s enforcement memo telling ICE to only detain priority immigrants is being blocked for now in court. Currently, ICE is not allowed to use the new guidelines when deciding whom to detain. CBK is still reviewing this to determine the full scope. A copy of U.S. District Judge Drew B. Tipton’s opinion can be found here.
A Trump-appointed judge held unlawful and set aside the Final Memorandum on Enforcement Priorities which went into effect November 29, 2021. The Final Memorandum (to be set aside) can be found here.
The ruling was stayed for seven days to give the Biden Administration an opportunity to appeal, which they have announced they will be doing. The order is focused on the enforcement by ICE and is based on constitutional claims that the Memorandum mandates action that is contrary to mandatory statutory requirements, with regard to enforcement priorities.
There is no mention of the Doyle Memorandum (prosecutorial discretion) in this ruling, likely because this ruling is the result of a bench trial held in February 2022, before the Doyle Memo was issued.