Immigration Enforcement Moratorium Act

Immigration Enforcement Moratorium Act

This bill temporarily limits certain immigration enforcement activities during public health emergencies.

During a public health emergency, the Department of Homeland Security (DHS) shall, with certain exceptions, suspend all immigration enforcement activities including (1) removals of noncitizens, (2) arrests and apprehensions of noncitizens, and (3) required check-ins by certain noncitizens with immigration enforcement officials. DHS may carry out an enforcement activity if there is credible and individualized evidence that the noncitizen is a threat to another person or the community.

During a public health emergency, DHS shall, with certain exceptions, parole a noncitizen into the United States if the noncitizen was (1) denied admission at a port of entry, or (2) apprehended by U.S. Customs and Border Protection within 14 days of entering the United States without authorization. DHS is not required to parole such a noncitizen if there is credible and individualized evidence that the noncitizen is a threat to another person or the community.

During this time, the Department of Justice shall (1) suspend all in-person immigration court proceedings, (2) allow for electronic appearances in and the electronic submission of documents for custody proceedings for detained individuals, and (3) suspend deadlines related to various immigration proceedings. DHS may not use federal funds to expel certain noncitizens using legal authority related to the prevention of the spread of communicable diseases.