ICE will stop detaining any immigrant just for being undocumented.

In a new twist to its immigration policies, the Government of President Joe Biden establishes that undocumented immigrants will not be detained by Immigration and Customs Enforcement ( ICE ) agents just for not having papers .

" The fact that an individual is a removable non-citizen will not by itself be the basis of a decision against him, " indicates the Department of Homeland Security (DHS).

Migration agents must consider several aspects before prosecuting an undocumented person , mainly if he has committed a crime or represents a danger to public safety.

" Enforcement priorities for the detention and removal (of people) remain focused on non-citizens who are a threat to our national security, public safety and border security ," it was noted.

He added that the guidelines "break" with the traditional conception of ICE agents to detain a person.

"(Now) they require an assessment of the individual and the totality of the facts and circumstances to ensure that resources are more effectively focused on those who pose a threat," it was noted.

The new policy seeks to turn around similar ones, but which have faced challenges in court.

It is added that the decision was achieved after meetings with members of ICE and other police forces involved in the arrest of people, especially when they commit crimes, as well as police, civic and community leaders.

"For the first time, our guidelines, in the search for public safety, will require an evaluation of the individual and will take into account the totality of the facts and circumstances," defended Secretary Alejandro Mayorkas .

The official argues that approximately 11 million people are undocumented, but that most are in the country to have a better life and have created important links with the community.

"In exercising this discretion, we are guided by the knowledge that there are people in our country who have been here for generations and have contributed to the well-being of our country," he added.

He highlighted the work of immigrants who were essential workers during the COVID-19 pandemic , for whom the Biden Administration seeks to offer immigration protection options. He emphasized that the intention of the guide is to avoid spending resources “unnecessarily”.

"As we strive to provide them a path to (citizenship) status, we will not work in conflict by spending resources seeking to eliminate those who do not pose a threat and, in fact, strengthen our Nation," he stated.

Mayorkas thanked the immigration officials for their frankness during the meetings he held with them to develop the guide.

"I am grateful to the ICE staff for their openness and candor in our discussions about their critical law enforcement mission," he said.

DHS notes that the new guidelines to be followed by ICE officials "require the protection of rights and freedoms civi l is" .

"The race, religion, gender, sexual orientation or gender identity, national origin, political associations or exercise of the rights of the First Amendment of a non-citizen cannot be factors to take compliance actions", it was pointed out.

The new guidance supersedes the one issued by Acting ICE Director Tae Johnson in February and will take effect on November 29, 2021.