EXCLUSIVE: The Division of Homeland Safety (DHS) on Monday issued memos to repeal limits on Immigration and Customs Enforcement (ICE) brokers imposed by former DHS Secretary Alejandro Mayorkas — and order a assessment of using humanitarian parole to confess migrants.
The primary memo, a draft of which was reviewed by Fox Information, rescinds a 2021 memo by Mayorkas, which offered an expanded record of areas which might be “protected areas” the place ICE couldn’t have interaction in immigration enforcement. It mentioned the coverage was designed to verify enforcement didn’t restrict “people’s access to essential services or engagement in essential activities.”
These areas embrace colleges, universities, healthcare amenities, locations of worship, “places where children gather,” social service institutions, meals banks, non secular or civil ceremonies and catastrophe or emergency response and aid facilities.
“In our pursuit of justice, including in the execution of our enforcement responsibilities, we impact people’s lives and advance our country’s well-being in the most fundamental ways. As a result, when conducting an enforcement action, ICE and CBP agents and officers must first examine and consider the impact of where actions might possibly take place, their effect on people, and broader societal interests,” Mayorkas mentioned in an announcement on the time.
‘NATIONAL EMERGENCY’: TRUMP DECLARES AMBITIOUS ILLEGAL IMMIGRATION CRACKDOWN IN INAUGURAL ADDRESS
President Trump presents the second govt order throughout the inaugural parade inside Capital One Area on the inauguration day of his second presidential time period, in Washington, D.C., on Jan. 20, 2025. (REUTERS/Carlos Barria)
The memo issued Monday rescinded that steerage and mentioned that frequent sense needs to be used as a substitute.
“Going forward, law enforcement officers should continue to use that discretion along with a healthy dose of common sense,” the brand new memo mentioned. “It is not necessary, however, for the head of the agency to create bright line rules regarding where our immigration laws are permitted to be enforced.”
ICE brokers who spoke to Fox Information mentioned they imagine that rescinding the Mayorkas order goes to free them as much as go after extra unlawful immigrants, as a result of unlawful immigrants have till now been in a position to cover close to colleges and church buildings and keep away from arrest.
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A separate memo, additionally reviewed by Fox, focuses on using humanitarian parole, which was used broadly by the Biden administration to permit a whole bunch of hundreds of migrants to enter the U.S., together with practically 1.5 million through the CBP One app and parole processes for nationals from Cuba, Haiti, Nicaragua and Venezuela (CHNV.) The administration additionally launched parole packages for nationals from Ukraine and Afghanistan.
The memo notes that the statute calls for the authority be used on a “case by case basis,” one thing that Republican critics declare the administration has abused. It emphasizes that parole is “a limited use authority, applicable only in a very narrow set of circumstances.”
ICE brokers conduct an enforcement operation within the U.S. inside on June 2, 2022. (Immigration and Customs Enforcement)
It additionally claims that “it has been repeatedly abused by the Executive Branch over the past several decades in ways that are blatantly inconsistent with the statute.”
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“Most important, the parole statute does not authorize categorical parole programs that make aliens presumptively eligible on the basis of some set of broadly applicable criteria,” it says.
The memo directs the heads of (ICE) and Customs and Border Safety (CBP) to compile an inventory of directions, insurance policies and procedures associated to parole, assessment them, and formulate a plan to section out any that aren’t in accord with the statute.
They may then present a report back to the DHS secretary, whereas additionally pausing, modifying or ending any packages that they imagine weren’t enacted correctly, and that they’ll do in a manner that’s per statutes, rules and courtroom orders.
The memos got here simply hours after Trump signed a slew of 10 border-related govt orders, together with orders deploying the navy to the border, ending Biden’s parole packages and ending birthright citizenship for kids of unlawful immigrants.
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The orders additionally declare a nationwide emergency, and order the resumption of building of the wall on the southern border.
“All illegal entry will immediately be halted,” Trump mentioned moments after being inaugurated. “And we will begin the process of returning millions and millions of criminal aliens back to the places from which they came.”
