The new Biden DHS deportation moratorium memo is the biggest immigration news of the night. It's mostly VERY good, better than promised in some ways, but it has one big weakness that worries me. THREAD 1/x https://www.dhs.gov/sites/default/files/publications/21_0120_enforcement-memo_signed.pdf

The deportation moratorium starts in two days, January 22. But it has exceptions. The one the worries me most: If the person "voluntarily" agrees to deportation. That's a big problem; people are pressured by ICE agents to agree to their own deportations. 2/x

The memo is more than a short term moratorium. It looks beyond the 100-day pause on deportations, and sets out the rough outlines of new enforcement priorities. And that's what is most encouraging for immigrants. 3/x

During the campaign, Biden promised to deport people only if they have a felony, and he said emphatically that he did not want to deport people for DUIs. Those promises went beyond Obama, who allowed deportations for DUI and some other misdemeanors. 4/x https://www.snopes.com/fact-check/biden-says-dui-not-felony/

With the memo, it appears that Pres. Biden was serious about this commitment, and may even be exceeding it. It indicates that Biden (after the 100 days) will deport recent arrivals, national security threats, and people with aggravated felonies. 5/x

If the Biden DHS follows through on this approach, it's a big deal. DUIs are not aggravated felonies (the Biden promise). In fact, many felonies are not aggravated felonies (going beyond his promise). 6/x

There's a certain legal elegance to this approach, in that the prioritization of aggravated felonies is built into the Immigration and Nationality Act, so the Biden Administration can argue very plausibly that it is following congressional will with these priorities. 7/x

Finally, the memo makes clear that there will be more to come over the next weeks and months on ICE enforcement priorities. Many devils can be in those details -- and some angels, too. 8/end.