"Aliens described in this priority , who are also not described in Priority 1, represent
the second-highest priority for apprehension and removal. Resources should be dedicated
accordingly to the removal of the following:
(a) aliens convicted of three or more misdemeanor offenses, other than minor
traffic offenses or state or local offenses for which an essential element
3was the alien's immigration status, provided the offenses arise out of
three separate incidents;
(b) aliens convicted of a "significant misdemeanor," which for these purposes
is an offense of domestic violence ;
1
sexual abuse or exploitation;
burglary; un lawful 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);
(c) aliens apprehended anywhere in the United States after unlawfully
entering or re-entering the United States and who cannot establish to the
satisfaction of an immigration officer that they have been physically
present in the United States continuously since January 1, 2014 ; and
(d) aliens who, in the judgment of an ICE Field Office Director, USCIS
District Director, or USCIS Service Center Director, have significantly
abused the visa orvisa waiver programs."