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Priority 1 (threats to national security, border security, and public safety)


Aliens described in this priority represent the highest priority to which
enforcement resources should be directed:
(a) aliens engaged in or suspected of terrorism or espionage, or who
otherwise pose a danger to national security;

(b) aliens apprehended at the border or ports of entry while attempting to
unlawfully enter the United States;

(c) aliens convicted of an offense for which an element was active
participation in a criminal street gang, as defined in 18 U.S.C. § 52 l(a), or
aliens not younger than 16 years of age who intentionally participated in
an organized criminal gang to further the illegal activity of the gang;

(d) aliens convicted of an offense classified as a felony in the convicting
jurisdiction, other than a state or local offense for which an essential
element was the alien’s immigration status; and

(e) aliens convicted of an “aggravated felony,” as that term is defined in
section 101(a)(43) of the Immigration and Nationality Act at the time of
the conviction.

The removal of these aliens must be prioritized unless they qualify for asylum or
another form of relief under our laws, or unless, in the judgment of an ICE Field Office
Director, CBP Sector Chief or CBP Director of Field Operations, there are compelling
and exceptional factors that clearly indicate the alien is not a threat to national security,
border security, or public safety and should not therefore be an enforcement priority.

Priority 2 (misdemeanants and new immigration violators)

Aliens described in this priority , who are also not described in Priority 1, represent
the second-highest priority for apprehension and removal. Resources should be dedicated
accordingly to the removal of the following:

(a) aliens convicted of three or more misdemeanor offenses, other than minor
traffic offenses or state or local offenses for which an essential element
3was the alien’s immigration status, provided the offenses arise out of
three separate incidents;

(b) aliens convicted of a “significant misdemeanor,” which for these purposes
is an offense of domestic violence ; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or

trafficking; or driving under the influence; or if not an offense listed
above, one for which the individual was sentenced to time in custody of
90 days or more (the sentence must involve time to be served in custody,
and does not include a suspended sentence);

(c) aliens apprehended anywhere in the United States after unlawfully
entering or re-entering the United States and who cannot establish to the
satisfaction of an immigration officer that they have been physically
present in the United States continuously since January 1, 2014 ; and

(d) aliens who, in the judgment of an ICE Field Office Director, USCIS
District Director, or USCIS Service Center Director, have significantly
abused the visa or visa waiver programs.
These aliens should be removed unless they qualify for asylum or another form of
relief under our laws or, unless, in the judgment of an ICE Field Office Director, CBP
Sector Chief, CBP Director of Field Operations, USCIS District Director, or users
Service Center Director, there are factors indicating the alien is not a threat to national
security, border security, or public safety, and should not therefore be an enforcement
priority.

Priority 3 (other immigration violations)

Priority 3 aliens are those who have been issued a final order of removal2
on or after January 1, 2014. Aliens described in this priority, who are not also described in
Priority 1 or 2, represent the third and lowest priority for apprehension and removal.
Resources should be dedicated accordingly to aliens in this priority. Priority 3 aliens
should generally be removed unless they qualify for asylum or another form of relief
under our laws or, unless, in the judgment of an immigration officer, the alien is not a
threat to the integrity of the immigration system or there are factors suggesting the alien
should not be an enforcement priority.

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