New DHS Immigration Rules on Deportation: Gun Offenders Not Top Priority

Deputy Michael Davis (courtesy

The President of the United States is, by his own account, a Constitutional scholar. So when he repeatedly claimed that the Constitution tied his hands on U.S. immigration policy, you’d be forgiven for assuming he knew what he was talking about. No policy changes were possible. Turns out he was against them before he was for them. And now, thanks to a DHS memo unearthed by, we learn some of the devilish details of the President’s hands-on immigration U-turn. We can contemplate the new policy detailing which illegal immigrants get booted and which undocumented proto-Americans get to stay – even if they’re convicted of a crime. Turns out that . . .

Priority one is the “highest priority to which enforcement resources should be directed,” the memo says. The category includes “aliens engaged in or suspected of terrorism or espionage, or who otherwise pose a danger to national security.” It also includes “aliens apprehended at the border or ports of entry while attempting to unlawfully enter the United States.” In addition, any illegal immigrant convicted of an offense involving a criminal street gang, or convicted of a felony — provided that immigration status was not an “essential element” of the charge — is targeted. Finally, any illegal immigrant convicted of an aggravated felony is included in Priority One.

The guidelines say Priority One aliens “must be prioritized” for deportation unless they qualify for asylum or unless there are “compelling and exceptional” factors that indicate the alien is not a threat.

Priority two offenders, whose cases are less urgent then criminals in priority one, include the following:

aliens convicted of a “significant misdemeanor,” which for these purposes is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or driving under the influence; or if not an offense listed above, one for which the individual was sentenced to time in custody of 90 days or more (the sentence must involve time to be served in custody, and does not include a suspended sentence) . . .

The guidelines say priority two aliens “should” be removed — not “must,” as with priority one — unless they qualify for asylum or there are “factors” indicating the alien is not a threat. It’s a significantly lower standard than priority one.

So the President who wants to ban “assault weapons” and “high-capacity magazines” and supports “universal background checks” for any and all firearms sales or transfers among and between legal Americans has instructed the DHS to treat illegal aliens convicted of a firearms offense – a felony – as a “significant misdemeanor.” And give them a chance to prove that they are “not a threat.”

Perhaps the President should have spent a minute or two at the page Victims of Illegal Aliens Memorial. Or just look at the pic above. That’s Placer County Sheriff’ Investigator Michael David Davis, Jr., murdered by Luis Enrique Monroy-Bracamonte, a twice deported thrice-arrested illegal alien from Mexico. ‘Nuff said? [h/t SLM]


  1. avatar Frank Masotti says:


  2. avatar Ralph says:

    These illegals are important because they will do things that Americans won’t do, like voting Democrat. What, they’re not citizens? No problem. If dead people can vote Democrat, so can border jumpers. In fact, if they die, they can vote twice — once in Texas and once in Chicago.

    1. avatar Mike says:

      You don’t need to be a citizen to vote in california. You just sign a piece of paper that promises you’re telling the truth and mail it in.

    2. avatar peirsonb says:

      Anyone who can read the “D” on a ballot iswelcome to stay.

      1. avatar Another Robert says:

        This. And if they can’t vote under their own name quite yet, they are welcome to use someone else’s. The deceased and the fictitious need representation too, you know.

  3. avatar jug says:

    I am pissed off!
    Enough of this BS!
    I already was in a bad mood, I just found out that my lifetime guaranteed free health insurance is being canceled! I was guaranteed such, even though it doesn’t amount to that much, not enough that I could depend on it alone and had to actually add to it with a purchased product. Along with Medicare, even. I got that “freebie”, from working in the defense industry, a number of govt contractors for 38 plus years.

    And now, unless I sign up for a paid subscription, (can you say, Obama Care), I lose any semblance of a chance of ever seeing anymore of what I earned building parts for nuclear weapons. (It’s being fought, but looking pretty bleak for a bunch of us.)

    This POS in charge just keeps on making life more miserable.
    He is enjoying it, screwing citizens and giving privileges to lazy louts and non citizens!

    1. avatar Gs650g says:

      I bet you are a GE retiree. They just tossed their retiree plan overboard.

  4. avatar Ing says:

    Would it be better if gun offenders were a top priority?

    1. avatar Gs650g says:

      Legal citizens are a top gun control priority. A little fairness towards illegal residents would at least show they actually care about their positions instead of pissing on the residents subject to their rules.

    2. avatar BlueBronco says:

      Yes it would. Do you remember the punk that killed several officers in Cali recently? That guy had been deported twice.

  5. avatar mike oregon says:

    As a American citizen, if I commit a crime like crossing into a state that doesn’t honor my carry permit, I’m looking at worse penalties than if I’m a undocumented socialist with a stolen handgun, awesome.

  6. avatar RLC2 says:

    Speaking of California, its now the original deadline of seven days +2 to issue the mandate, on Peruta decision (right to Good Cause for Self Defense, for CCW permit in San Diego County.)

    and….no news…no change…

    For those interested in the secret inside turnings and twists of the 9th DC, here’s the latest speculatiin on reason for delay…

  7. avatar Gov. William J. Le Petomane says:

    As absurd as it sounds, ‘President Biden’ is starting to have a nice ring to it lately.

    1. avatar RLC2 says:

      You’re right. Lets start a new meme: PLUGS 4 POTUS.

      bumper sticker orders will be taken starting Monday.

      1. avatar Gov. William J. Le Petomane says:

        The Democrat Party’s salvation depends on it. For all the talk of Republicans becoming a permanent minority regional party, they (come January) now have the house, the senate, 31 governors, and over 2/3 of all state legislative chambers. Barry Soetoro has run the Democratic Party into the ground, dug it up, burned it, pissed on the ashes and flushed it down the toilet. And now they’re trying to tell us that Hillary is unstoppable? The only way to redeem the party is to disavow it’s leadership. That’s you, Harry and Nancy. Oops, they already reelected them to MINORITY leaders.

        IF they join in the move to impeach the president they can reemerge in a decade or so, much like the Republicans did after Nixon with Reagan (who did have a lot of help from Jimmy Carter). If not their party will be lost for at least generation. Of course it’s not going to happen because then they’d have to brand themselves as racists.

        1. avatar Mark says:

          The republican “victories” are only due to intense gerrymandering. Take away the gerrymandering & the republicans couldn’t control an outhouse, much less a statehouse. – the wheels come off on gerrymandering in the near future – this most recent immigration change may even speed the process.

        2. avatar Jerry says:

          Gerrymandering has no bearing on senate and gubernatorial elections Mark old boy. Why the tone? A big fan of Obama I take it.

        3. avatar Gov. William J. Le Petomane says:

          Besides the obsurdity of statewide elections being swayed by gerrymandering, in order to gerrymander districts a party must first be in control of the statehouse, so unless all these Democrats deliberately gerrymandered districts to drive themselves out of office that makes no sense.

  8. avatar jwm says:

    Gotta ignore the illegals with guns. They’re all potential witnesses to Fast and Furious.

  9. avatar Steve says:

    Apparently you need to work on reading comprehension. Priority one includes felony offenses. Any “gun crime” that is a felony is treated as priority one only those misdemeanor firearms charges get treated as priority two.

    1. There is only one state where carrying a stolen firearm is now a misdemeanor. Regular readers will know.

  10. avatar AnhydrousWater says:

    im sure Shannon is in the middle of writing an open letter to Obama as we speak condemning him since this is not gun sense.

  11. avatar Davis Thompson says:

    What happened to “if it only saves one life?”

    I’d also like to add murdered congressional intern Chandra Levy and actress/director Adrienne Shelly to the list.

  12. avatar Hegemon says:

    I hope that this clown gets impeached. At least Joe Biden was born in America…

  13. avatar CGinTX says:

    First the Obama Care rant, now this gripe piece, both of which require some serious str-e-e-e-tching to try to make a link to the Truth About GUNS.

    1. avatar jerry says:

      Still pissed over Wendy Davis getting trounced huh?

    2. avatar Another Robert says:

      Did you read the headline? “Gun offenders”? Let me restate that– “GUN offenders”? As in the gov’t is going to give a pass to non-citizens convicted of firearms violations even as they continue to try to impose more strictures and sanctions on otherwise law-abiding citizen gun owners. You don’t see the connection to guns?

      1. avatar CGinTX says:

        I guess you didn’t read the rest of the article, especially as it pertained to FELONIES vs misdemeanors. Again, a whole lotta noise about knee-jerk politics, not the Truth About Guns, and not even Politics About Guns.

        1. avatar Another Robert says:

          Yes, there was a lot of stuff about “felonies vs misdemeanors”–the point being, as RF reads it, GUN offenses that are otherwise felonious are to be treated as “misdeameanors”. That has to do with GUNS, right? Or are you still missing that? BTW, having looked at the quoted portions, I’m not entirely convinced RF’s reading is correct. But then, when you are dealing with laws and regs crafted by the current occupants of the seats of power (a) who can tell what is “correct” and (b) what does it matter, when it’s politically expedient they will ignore or revise or reinterpret the relevant reg or law anyway.

        2. avatar Kstan says:

          Truth is, they look the other way for illegal aliens (aka non citizens or whatever PC term the msm forcefeeds) but not for any natural borns.

  14. avatar 2hotel9 says:

    Cool, Barak Hussein Obola has now declared that no America has to obey any law they disagree with. Lets us all get on the Obola Bandwagon!!!!!!!

    1. avatar Another Robert says:

      I’m waiting for the next republican pres to executively order IRS to “delay” enforcement of various Obamacare taxes, penalties, etc in order to concentrate on “higher priority” issues. I fear I will be waiting for a looooooong time, however, Republicans just don’t seem to have the same flair for flagrant government lawlessness that Dems are demonstrating.

      1. avatar 2hotel9 says:

        Perhaps just a return to what Executive Orders were intended to be used for, and one nullifying all previous Executive Orders. Be a nice start.

  15. avatar Sammy says:

    Behold! “The home version of Fast and Furious”

  16. avatar IdahoPete says:

    “…undocumented proto-Americans …”

    Please – that is SOOOO mean-spirited. We must from now on refer to them as “unanticipated guests”. Put some clean sheets on the bed in your guest room, spiff up the 2nd bathroom, and buy lots of extra food. Or be prepared to pay extra taxes to have the gummint do all that for you.

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