Immigration and Customs Enforcement (ICE) said Friday that it created a new case review process that would allow immigrants to challenge law enforcement actions if they believe their case doesn’t align with the agency’s “enforcement, detention, and removal priorities.”
The agency described the move as another channel for noncitizens to request that ICE exercise its prosecutorial discretion “on a particular noncitizen’s behalf, and to resolve questions and concerns, consistent with law, policy, and the interests of justice.”
This move would add an additional layer of review on top of consideration by local ICE enforcement and removal operations (ERO) offices.
“The case-review process provides an avenue for noncitizens and their representatives to request further review of the individual facts and circumstances of their case in light of ICE’s priorities for enforcement, detention, and removal, offering additional transparency into the immigration process,” said ICE Acting Director Tae D. Johnson.
Individuals who face imminent removal or are detained in ICE custody will be prioritized, according to the agency.
The new measure comes as the Biden administration pledges bold change from how former President Trump handled immigration.
Biden initially tried imposing a 100-day moratorium on deportations but encountered resistance from a federal judge in Texas.
Still, the administration has altered is priorities for deportation. In a memo issued last month, the administration required that authorities would need preapproval from a senior manager before deporting anyone who wasn’t a national security threat, a criminal with a felony conviction, or a recent border crosser — a change which is expected to decrease deportations.
Fox News’ Adam Shaw contributed to this report.