Washington Examiner:

The Department of Homeland Security has just released new "Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants." Designed to fill in the details after President Obama's announcement that at least four million currently illegal immigrants will be given work permits, Social Security numbers and protection from deportation, the DHS guidelines are instructions for the nation's immigration and border security officers as they administer the president's directive.

The new priorities are striking. On the tough side, the president wants U.S. immigration authorities to go after terrorists, felons, and new illegal border crossers. On the not-so-tough side, the administration views convicted drunk drivers, sex abusers, drug dealers, and gun offenders as second-level enforcement priorities. An illegal immigrant could spend up to a year in prison for a violent crime and still not be a top removal priority for the Obama administration.

In the memo, DHS Secretary Jeh Johnson says his department must develop "smart enforcement priorities" to exercise "prosecutorial discretion" in order to best use his agency's limited resources. Johnson establishes three enforcement priority levels to guide DHS officers as they decide whether to stop, hold, or prosecute an illegal immigrant.

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 than 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)