In an August 18th letter to Senator Dick Durbin and others, Department of Homeland Security Secretary Janet Napolitano announced a shift in U.S. immigration policy. According to Secretary Napolitano’s letter: “Over the past two years, the Department of Homeland Security (DHS) has established clear and well-reasoned priorities that govern how DHS uses its immigration enforcement resources. These priorities focus our resources on enhancing border security and identifying and removing criminal aliens, those who pose a threat to public safety and national security, repeat immigration law violators and other individuals prioritized for removal. “

A June 17th U.S. Immigration and Customs Enforcement Memorandum list factors to be considered with respect to the apprehension, detention, and removal of aliens. Some of the most important factors weighing against removal are:

• the person's length of presence in the United States, with particular consideration given to presence while in lawful status; 

• the circumstances of the person's arrival in the United States and the manner of his or her entry, particularly if the alien came to the United States as a young child;

• the person's pursuit of education in the United States, with particular consideration given to those who have graduated from a U.S. high school or have successfully pursued or are pursuing a college or advanced degrees at a legitimate institution of higher education in the United States;

• whether the person, or the person's immediate relative, has served in the U.S. military, reserves, or national guard, with particular consideration given to those who served in combat.

The White House webpage contains some additional information about the policy change:

• Immigration Update: Maximizing Public Safety and Better Focusing Resources

• Director of Intergovernmental Affairs Cecilia Munoz’s August 18th Twitter session

Senator Durbin’s webpage also includes coverage and there is information on the websites of:

• National Immigration Law Center
   
• American Immigration Lawyers Association, AILA InfoNet (some information restricted to AILA members)

• Immigration Prof Blog