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No.
U.S. Homeland Security Secretary Alejandro Mayorkas told immigration and border officials in a 2021 memo that many factors, not a criminal conviction alone, should be considered when removing noncitizens from the U.S.
“A noncitizen who poses a current threat to public safety, typically because of serious criminal conduct, is a priority for apprehension and removal,” the memo said. “Whether a noncitizen poses a current threat to public safety … requires an assessment of the individual and the totality of the facts and circumstances…. Our personnel should not rely on the fact of conviction … alone.”
U.S. Rep. Derrick Van Orden, R-Prairie du Chien, alluded to a memo while claiming Feb. 6, 2024, that Mayorkas told subordinates “to not deport convicted illegal alien felons.”
Earlier that day, a House of Representatives vote to impeach Mayorkas, which cited his memo, failed. Rep. Mike Gallagher, R-Green Bay, was one of three Republicans voting no.
This fact brief is responsive to conversations such as this one.
Sources
Immigration and Customs Enforcement Guidelines for the Enforcement of Civil Immigration Law
Cloudfront.net Articles of impeachment
AP News House vote to impeach Homeland Security Secretary Mayorkas fails, thwarted by Republican defections
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