Department of Homeland Security Secretary, John Kelly, releases two memorandums this week implementing President’s Trump’s executive orders on border security (memo-1) and interior enforcement (memo-2). Besides the border wall President Trump promised to build, we will likely to see massive enforcement effort in the upcoming months and scaled up detention and expedited removal.
Below are some of points I summarized:
DHS seeks to deport anyone who “poses a risk to public safety or national security.” However, DHS did not define these two terms clearly. Theoretically speaking, DHS could label someone being “a risk to public safety” even if (s)he is not charged or convicted for a crime.
DHS will focus on undocumented immigrants who have been (1) convicted or even charged with a criminal offense, including minor traffic infractions, (2) abused any program related to receipt of public benefits, i.e. received any government assistance, or (3) “have engaged in fraud or willful misrepresentation in connection with any official matter before a governmental agency”, including using fake Social Security numbers to work or lie on I-9 forms.
DHS memos expanded the period of expedited removal from 2 weeks to 2 years after people enter the country, and eliminated the requirement that the immigrants be caught within 100 miles of the border. People in expedited removal will not go through the removal proceedings, which involve a hearing before an immigration judge. It is extremely important to keep records of two (2) year presence so you are not put in expedited removal.
The use of parole authority to allow immigrants, who are not in possession of visas or not eligible for visas, to come to the U.S. will be extremely restricted.
DHS seeks to return aliens, including unaccompanied children, who entered from a foreign land contiguous to the U.S. to where they arrived, meaning if they entered from Mexico, DHS will return them to Mexico, regardless of their nationality.
DHS will hire an additional 10,000 ICE agents and officers to carry out enforcement priorities. We will likely to see more deportation and detention nationwide.
DHS wants expand to continue and increase state and local law enforcement involvement in border areas, so they can aid in immigration enforcement.
The Law Office of Maya King will keep you informed about the newest changes in the complicated U.S. immigration system. If you or your family needs any advice or help, please call us at (913) 717-7112 for a free consultation.
American Immigration Lawyers Association (AILA) reported that “ICE has once again commenced targeted enforcement actions by reinstituting ‘Operation Cross Check’.” Arrests, raids, inspections are being reported across the country.
President Trump’s Executive Order on interior enforcement could potentially affect a broad range of individuals.
Currently, AILA reports the ICE targeted operations are focused on three populations:
Fugitives – Anyone with an outstanding order of removal;
Individuals who reentered the U.S. after they were deported;
At large “criminal aliens” – Anyone with any criminal conviction, mainly violent crimes, sex offenders, prior felonies, etc.
If you or your loved ones are caught up in the ICE sweep, you need a competent and experienced immigration attorney to guide you through the complex immigration system. Call 913-717-7112 today for a free consultation.
As of Thursday, January 26, 2017, ICE headquarter had not issued new directives or guidance on how to implement the Executive Orders signed by President Trump. However, some local ICE offices, including Kansas City Office of Chief Counsel, will hold requests for prosecutorial discretion (PD) in abeyance .
In early September, 2016, the Department of Homeland Security Office of Inspector General (OIG) released a report (OIG-16-130), finding “USCIS granted U.S. citizenship to at least 858 individuals ordered deported or removed under another identity.” The problem resulted from the unavailability of the applicants’ digital fingerprint record in DHS and FBI’s repositories. It further found U.S. Immigration and Customs Enforcement (ICE) has a large number of fingerprints of aliens with final orders or who are criminals that have not been digitized. OIG recommended all agencies involved to speed up the process of uploading fingerprints.
On September 28, 2016, John Culberson [R-TX7], the Representative from Texas, introduced a bill (H.R. 6198－114the Congress) to freeze naturalizations until DHS “completes the digitization of all remaining paper-based fingerprint records.” The bill currently has seven (7) Republican co-sponsors and is referred to the House Judicial Committee.
If passes, the Bill will halt naturalization until all fingerprints are uploaded. As of now, Govtrack gives the Bill 1% chance of being enacted.