Leaked DHS Memo Implementing the Executive Order on Border Enforcement

  • ICE should only release those detained under 235(b) of the INA on a case by case basis: when removing a person from the US; when the noncitizen is granted relief or protection from removal or the person is a lawful permanent resident (green card holder), refugee, asylee, holds TPS or another valid immigration status; when DHS consents to a noncitizen’s withdrawal of an application of admission; when required to do so by law; when parole is authorized by DHS (some relaxation on the process for exigent circumstances); when a noncitizen establishes a “credible fear” of persecution.
  • CBP shall immediately begin the process of hiring 5000 additional Border Patrol Agents as well as 500 Air & Marine Agents/Officers.
  • Directs ICE and CBP to “engage immediately with all willing and qualified law enforcement jurisdictions” who are eligible for the purpose of entering into 287(g) agreements.
  • Directs the relevant parties of DHS and others to “‘immediately begin planning, design, construction and maintenance of a wall”.
  • “To ensure the prompt removal of aliens apprehended at or near the border,” DHS will publish in the Federal Register “a new Notice Designating Aliens Subject to Expedited Removal”.
  • The existing parole policy with regard to those have established a credible fear of persecution shall remain in effect. The ICE directive should be implemented “in a manner that is consistent with its plain language.”
  • ICE and CBP shall enforce the immigration laws against those who “directly or indirectly” “facilitate the smuggling or trafficking of alien children into the United States.”
  • Relevant agencies of DHS/taskforces should plan and implement a system aimed at “disrupting transnational criminal organizations” — and should also target other offenses such as drug trafficking, illegal entry and reentry, visa fraud, among others.

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Law professor @PennStateLaw, writes on immigration, diversity & discretion; author of Beyond Deportation and Banned @NYUpress www.beyonddeportation.com

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Shoba Sivaprasad Wadhia

Shoba Sivaprasad Wadhia

Law professor @PennStateLaw, writes on immigration, diversity & discretion; author of Beyond Deportation and Banned @NYUpress www.beyonddeportation.com

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