9/30/21 Revised Policy from Alejandro Mayorkas – The immigration enforcement guidelines require the protection of civil rights and civil liberties. A noncitizen’s race, religion, gender, sexual orientation or gender identity, national origin, political associations, or exercise of First Amendment rights cannot be factors in deciding to take enforcement action. For the first time, they explicitly guard against the use of immigration enforcement as a tool of retaliation for a noncitizen’s assertion of legal rights, such as the right to exercise workplace or tenant rights. The guidelines make clear that immigration enforcement authority shall not be used as an instrument of unscrupulous employers seeking to exploit their employees’ immigration status.
