1. National security. Individuals who have engaged in or are suspected of terrorism or espionage, or whose apprehension, arrest and/or custody is otherwise necessary to protect the national security of the United States.
2. Border security. Individuals apprehended at the border or ports of entry while
attempting to unlawfully enter the United States on or after November 1, 2020, or
who were not physically present in the United States before November 1, 2020.
3. Public safety. Individuals incarcerated within federal, state, and local prisons and jails released on or after the issuance of this memorandum who have been 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 conviction, and are determined to pose a threat to public safety.
Although individuals who do not fall into the enforcement priorities can still be apprehended by the Department of Homeland Security, this additional guidance from President Biden should direct federal resources to the most important immigration violations.