ICE arrests plummet in February as Biden administration tightens rules

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Immigration and Customs Enforcement (ICE) arrests plummeted in February, just as the Biden administration imposed stricter rules on the agency in regard to which categories of illegal immigrants it can arrest and deport.

ICE’s Enforcement and Removal Operations (ERO) arrested just 2,374 illegal immigrants in February, down significantly from the 5,882 arrested in January and 6,680 in December. The decrease was first reported by The Washington Post.

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"ICE’s interim enforcement priorities focus on threats to national security, border security, and public safety," an ICE spokesperson said. "Like other law enforcement agencies, ICE has limited resources, and must prioritize its operations accordingly. As a result, ICE is focused on these priorities and the kinds of quality arrests and enforcement actions they produce."

The numbers coincide with a push by the new administration to slam the brakes on the agency, and even stop it from deporting illegal immigrants altogether. It also comes as the administration is scrambling to tackle a migrant crisis at the border, which has seen a spike in those seeking to enter the U.S.

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In the first days of the administration, the Department of Homeland Security (DHS) sought to impose a 100-day moratorium on most deportations, something which Biden had campaigned on during the 2020 presidential campaign as part of a broad reversal of Trump-era policies.

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However, that move was blocked by a U.S. district judge in response to a lawsuit from Texas, which alleged the pause was in violation of an agreement signed in the last days of the Trump administration that states would be consulted before any significant change in border or immigration policy.

Since then, ICE has issued interim guidance in February that says ICE will focus on three categories of immigrants for arrest and deportation: those who pose a threat to national security, those who have crossed the border since Nov. 1, and those who committed "aggravated felonies."

Officials have said the three-month guidance does not explicitly prevent anyone from being arrested and deported, but field officers seeking to arrest someone outside of those narrow categories would need approval from a superior.

"By focusing our limited resources on cases that present threats to national security, border security, and public safety, our agency will more ably and effectively execute its law enforcement mission," ICE Acting Director Tae Johnson said in a statement. "Like every law enforcement agency at the local, state, and federal level, we must prioritize our efforts to achieve the greatest security and safety impact."

The new guidance also requires ICE to submit weekly arrest reports to DHS Secretary Alejandro Mayorkas and give the agency room to let illegal immigrants stay in the country, with officers told to consider factors such as ties to the community and personal circumstances -- including those who have a serious physical or mental illness.

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Republicans have alleged that the moves are an effort to impose the deportation via a different route. Arizona, Montana and Florida have filed lawsuits and sought injunctions seeking to stop the new guidance, calling it illegal and dangerous for Americans.

"If asked about the poorest policy choice I’ve ever seen in government, this would be a strong contender," Arizona Attorney General Mark Brnovich said in a statement on Tuesday. "Blindly releasing thousands of people, including convicted criminals and those who may be spreading COVID-19 into our state, is both unconscionable and a violation of federal law. This must be stopped now to avoid a dangerous humanitarian crisis for the immigrants and the people of Arizona."