Summary of New memoranda by Department of Homeland Security (‘DHS’) Implementing President’s Border Security and Immigration Enforcement Improvement Policies, that came into effect on February 21, 2017

Summary of New memoranda by Department of Homeland Security ('DHS') Implementing President’s Border Security and Immigration Enforcement Improvement Policies

    1. Massive expansion of detention by requiring DHS to detain nearly everyone it apprehends, including those without criminal convictions, until they are removed from USA or are required to be released due to an order or by statute, become a US Citizen or have other valid immigration status, are found to have credible fear by Asylum officer or Immigration Judge to be discussed later, or, are paroled into USA.
    2. Hire 5,000 additional CBP[1] officers, 500 Air and Maritime Officers and 10,000 ICE agents.
    3. Expand S. 287(g) program to enter into agreements with local law enforcement agencies; increase the use of local law enforcement to act as Immigration agents to enforce immigration laws. Until now only ICE[2] used 287(g) but now CBP will too
    4. Expedited Removal (ER) – the most dangerous element – DHS can arrest and expeditiously remove anyone who is in USA and cannot prove at the time they are apprehended that they have been continuously present in USA for over 2 years because they are not carrying documentation at the time of arrest. It applies to aliens encountered inside USA, within 100 miles of border, even if entry is by sea, and within 14 days of entry. ER allows DHS to deport individuals in under 24 hours; there is no need to appear before Immigration Judge or to consult with legal counsel. This eviscerates due process.
    5. Returning aliens apprehended at borders to contiguous territories of Mexico and Canada – to the territory they came from, pending formal removal proceedings. Once returned, they will be detained in these countries until removal proceedings can be completed by televideo from USA. It is not explained how USA will maintain detention centers in Mexico and Canada.
    6. Enforce immigration laws against people who facilitate smuggling or trafficking of children ‘directly or indirectly’. It states undocumented parents and family members of Unaccompanied Minors hire smugglers and thus conspire to violate US immigration laws.
    7. Implement operations directed at disrupting transnational criminal organizations, especially those involved in human smuggling, visa fraud, drug trafficking, id theft, unlawful possession or use of documents etc.

    CBP – Customs and Border Protection

    ICE – Immigration and Customs Enforcement (Immigration Police)

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