01 Mar Implementation of Trump Executive Order on Immigration
By Atty. Crispin Caday Lozano
As discussed in my prior article about the leaked DHS memo on immigration policies, presented below is a nutshell of the significant changes in immigration policies.
The memo stated that all prior memoranda and guidance on immigration enforcement are rescinded except 2012 DACA memorandum and 2014 DAPA memorandum.
A. The Department’s Enforcement Priorities
DHS will no longer exempt classes or categories of removable aliens from potential enforcement.
ICE is directed to hire 10,000 new officers.
ICE should prioritize for removal those removable for committing crimes, those posing security risks and those seeking to fraudulently obtain a visa or enter the US or falsely claiming US citizenship. Additionally, ICE personnel should prioritize removable aliens who
- have been convicted of any criminal offense;
- have been charged with any criminal offense that has not been resolved;
- have committed acts which constitute a criminal offense;
- have engaged in fraud or willful misrepresentation in connection with any matter before a government agency;
- have abused any program related to receipt of public benefits;
- are subject to a final order of removal but have not yet departed the US; or
- in the judgment of an immigration officer, poses a risk to public safety or national security
B. Strengthening Programs to Facilitate the Efficient and Faithful Execution of the Immigration Laws of the United States
The Priority Enforcement Program is terminated and Secure Communities is restored.
In cooperation with EOIR, removal proceedings shall be initiated against aliens in jails in the US.
C. Exercise of Prosecutorial Discretion
ICE should initiate enforcement actions against removable aliens encountered during the performance of their official duties. This includes arresting or apprehending an immigrant who an ICE officer has probably cause to believe is violating immigration laws. It also includes initiating removal proceedings against anyone subject to removal under any provision of immigration law. This is subject to the priorities noted in Section A above.
Exercising prosecutorial discretion is to be made on a case-by-case basis. Prosecutorial discretion shall not be exercised in a manner that exempts or excludes a specified class or category of aliens from enforcement of immigration laws.
D. Establishing the Victims of Immigration Crime Engagement (VOICE) Office
DHS is establishing the Victims of Immigration Crime Engagement (VOICE) Office within ICE which create a liaison between ICE and known victims of crimes committed by removal aliens. The goal is to provide information about the offender, including the offender’s immigration status and custody status and address questions about immigration enforcement efforts. Exceptions are to be made to comply with certain laws relating to classified information.
E. Hiring Additional ICE Officers and Agents
ICE shall hire 10,000 agents and officers.
F. Establishment of Programs to Collect Authorized Civil Fines and Penalties
ICE, CBP and USCIS shall issue guidance and promulgate regulations to ensure the assessment and collection of all fines and penalties which DHS is authorized under the law to collect from aliens and those who facilitate their unlawful presence in the US.
II. Policies Regarding the Apprehension and Detention of Aliens Described in Section 235 of the INA regarding inspection by immigration officers.
The new policy is to detain all arriving aliens pending a review of their inadmissibility and eligibility for immigration benefits. Exceptions may be made and individuals paroled in to the on a case by case basis for humanitarian reasons or significant public benefit. Any policies that result in “catch-and-release” must end.
Detention is mandatory in all but the following circumstances:
- Removing the alien from the US pursuant to a statute or regulation;
- When the alien obtains an order granting relief or protection from removal or DHS determines that the individual is a US citizen, national, lawful permanent resident, or has a valid immigration status in the US.
- ICE or CBP consent to the alien’s withdrawal of an application for admission and the alien departs the US;
- When required to do so by statute or to comply with a court order;
- When ICE or CBP consent to the alien’s parole into the US except in cases of exigent circumstances such as a medical emergency where seeking prior approval is impracticable; or
- When an arriving alien has established a “credible fear” of persecution or torture by an asylum officer or an immigration judge, providing the alien shows an ICE officer his or her identity, that he or she presents neither a security risk nor a risk of absconding and provided he or she agrees to comply with any additional conditions of release.
Note: This is not a legal advice and you should seek the advice of an immigration attorney for your personal circumstances.
We at our Law Firm will continue to monitor this Administration’s every move and protect and fight for our clients due process rights. We believe that immigrants contributed a lot to the United States of America.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.