Broad Deportation Rules To Target Millions; DACA Still Alive
February 21, 2017
Watch our Attorney Ben Snyder on New DHS Deportation Policy
The Department of Homeland Security (DHS) released two memorandums concerning the implementation of President Trump's January 25, 2017 Executive Orders on Interior and Border Enforcement. The new policies dramatically expand the scope of enforcement operations within the US and along the border. The memorandums effectively place the majority of nation's undocumented immigrants at risk of deportation.
Enforcement of the Immigration Laws to Serve the National Interest The memorandum terminates all prior immigration enforcement and priorities for removal. It is important to note that the memorandum specifically states that the June 15, 2012 DACA memorandum "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the Unites States as Children" is NOT rescinded.
The Memorandum redefines the enforcement priorities to include "all removable aliens" a. DHS fact sheet makes clear that "all those present in violation of the immigration laws may be subject to immigration arrest, detention, and, if found removable by final order, removal from the United States."
Implementing the President's Border Security and Immigration Enforcement Improvement Policies The Memorandum calls for a massive expansion in apprehension and detention by requiring DHS to detain nearly everyone including those with no criminal convictions, until they:
are removed from the United States;
are required to be released by statute or because of a binding settlement agreement or judicial order;
become a U.S. citizen or hold other valid immigration status;
are around found to have a credible fear of persecution by an asylum officer or IJ and agree to comply with any conditions imposed by ICE upon release; or
are paroled into the United States.
The immediate impact of the new directives is unknown at this point. The implementation of many these provisions requires significant funding and could face some operational challenges.