As of February 17, 2017, the November 20, 2014 priority enforcement memoranda has been cancelled by the Trump administration through his Executive Order entitled “Enhancing Public Safety in the Interior of the United States.”

ICE will immediately hire 10,000 officers and agents.  The priority for removal are those who:

• Have been convicted of ANY criminal offense;
• Have been charged with any criminal offense that has not been resolved;
• Have committed acts which constitute a chargeable criminal offense;
• Have engaged in fraud or willful misrepresentation in connection with any official matter before a governmental agency;
• Have abused any program related to receipt of public benefits;
• Have an outstanding removal order but are still in the U.S.;
• In the judgment of an immigration officer, otherwise pose a risk to public safety or national security.

Regarding #2: “Have been charged with any criminal offense that has not been resolved.”  Now DHS will play judge, jury and executioner.  There are a number of cases which held that a conviction must be final before it will trigger deportation, namely the U.S. Supreme Court unanimous decision of Pino v. Landon, 349 U.S. 901 (1955).  Many lower court and administrative decisions have followed Pino on this point.

A bit of good news:  President Trump has excluded DACA (Deferred Action for Childhood Arrivals) recipients, with DACA still available for applicants.