Freshness note: This analysis was last updated 11 days ago. Fast-moving policy claims can change quickly, so check for newer official updates before relying on this verdict.
“The Biden administration reversed a policy of deporting people in the country illegally who have committed felonies”
Summary
The Biden administration did not reverse a policy of deporting individuals who have committed felonies. While the administration changed enforcement priorities to focus resources on specific categories of threats, felony convictions remained grounds for deportation, and individuals convicted of felonies continued to be prioritized for removal under Biden administration policies.
Primary Sources
September 2021 DHS memo establishing enforcement priorities including those who pose threats to public safety, including felony convictions
ICE data showing continued deportations of individuals with criminal convictions under Biden administration
PolitiFact rated similar claims as false, noting that Biden's ICE priorities continued to target those with felony convictions
February 2021 interim guidance listing threats to public safety as enforcement priorities
Evidence Supporting the Claim
- The Biden administration did change ICE enforcement priorities from the Trump administration's broader approach
- The September 2021 DHS memo narrowed enforcement focus to specific priority categories rather than all immigration violations
Evidence Against / Context
- The September 2021 DHS enforcement priorities explicitly listed individuals who pose threats to public safety as a top priority, which includes those convicted of felonies
- ICE continued to deport individuals with criminal convictions throughout the Biden administration
- The February 2021 interim guidance designated threats to public safety, including serious criminal conduct, as enforcement priorities
- Biden administration guidance directed resources toward those who pose the greatest threat rather than eliminating deportations for felony convictions
- ICE data from fiscal year 2021 shows that the majority of removals involved individuals with criminal convictions
Timeline
Biden administration begins, issues day-one immigration enforcement memorandum
DHS Secretary Mayorkas issues interim guidance on civil immigration enforcement priorities
DHS Secretary Mayorkas issues detailed enforcement priority guidelines including public safety threats
What This Means
Structured interpretation — not opinion
Key takeaway 1
The Biden administration changed how immigration enforcement resources were allocated, but did not eliminate deportations for felony convictions
Key takeaway 2
Under Biden policies, individuals convicted of felonies, particularly those involving violence or threats to national security, remained priority targets for deportation
Key takeaway 3
The policy change focused on concentrating limited enforcement resources on the highest priorities rather than pursuing all removable individuals equally
Key takeaway 4
The distinction is between broader enforcement under previous administrations versus targeted enforcement under Biden, not elimination of deportations for serious crimes
Related Claims in Immigration
“ICE killed 9 people in detention in 2026”
Nine deaths occurred in ICE detention facilities between October 2025 and early 2026, according to ICE records. The characterization of these as ICE 'killing' detainees is disputed, as deaths resulted from various causes including medical conditions, suicide, and complications, though advocates point to inadequate care and conditions as contributing factors.
“ICE killed 9 people in 2026”
The claim that ICE killed 9 people in 2026 cannot be verified as 2026 has not yet occurred. As of March 2026, only a portion of the year has elapsed. ICE detention center deaths are tracked by the agency and reported annually, but attributing deaths directly to ICE as killings requires specific evidence of causation and intent that would need case-by-case examination.
“A deaf Bay Area boy and his family were deported to Colombia without his hearing aids”
California State Superintendent Tony Thurmond confirmed that a deaf student from the Bay Area was deported to Colombia with his family and does not have his hearing aids with him. Thurmond publicly called on the Trump administration to return the family to the United States.