The removal pause goes into effect no later than January 22, 2021, and covers any noncitizen present in the United States with a final order of removal. The Memo still allows the deportation of any noncitizen:

1. Who has engaged in or is suspected of terrorism or espionage, or otherwise poses a danger to the national security of the United States;
2. Who was not physically present in the United States before November 1, 2020;
3. Who has voluntarily agreed to waive any rights to remain in the United States; or
4. For whom the Acting Director of U.S. Immigration and Customs Enforcement (ICE), following consultation with the General Counsel, makes an individualized determination that removal is required by law.

No one else will be removed during the 100-day pause.

The Memo also sets forth new interim enforcement guidelines effective February 1, 2021. The guidelines — which will remain in effect until permanent enforcement priorities are issued —focus immigration enforcement operations on national security threats, recent border crossers (defined as noncitizens who entered the United States after November 1, 2020), and those convicted of aggravated felonies who are incarcerated in prisons and determined to be a threat to public safety. Enforcement actions against anyone outside of a prison — including individuals with aggravated felony convictions — require advance approval of the ICE Director.

Moreover, the Memo directs the acting ICE Director to issue operational guidance that will include a process for the ICE Director to approve any civil enforcement action outside federal or state prisons or jails.

Finally, the Memo orders a department-wide review of all enforcement practices to be completed within 100 days along with recommendations regarding enforcement, prosecutorial discretion, detention, and interaction with state and local law enforcement.