The case concerns a provision in immigration law that says undocumented immigrants who had committed crimes shall be taken into ICE custody after they are released. The Biden administration’s memo sought to prioritize ICE’s resources on detaining undocumented immigrants based on the nature of the crime they had committed.
Specifically, the January 20 interim ICE guidance curtailed enforcement measures, focusing more narrowly on immigrants who pose a national security, border security or public safety risk.
Homeland Security Secretary Alejandro Mayorkas has previously said that he’s working with ICE on new enforcement guidelines, though they’ve not been released yet.
Tipton has ordered the Biden administration to submit by September 3 a court filing detailing with “specificity what guidance, protocols, or standards control the detention of these aliens in light of the fact that the Memoranda have been enjoined.”
He also ordered the administration to file monthly reports on immigrants who had been released from custody and were not immediately detained by ICE. Those reports, according to Tipton’s order, should include the immigrants’ last known address and the offenses they had committed, as well as why the decision was made not to immediately detain them and who made the decision.
This story has been updated with additional details.
CNN’s Tierney Sneed contributed to this report.