Tills Visa Law

Stephen K. Tills, Attorney at LAW

DHS Establishes New Enforcement Policies

The Trump administration has issued new enforcement guidelines following the Executive Order, parts of which were stayed by the Ninth Circuit Court of Appeals.  The two DHS memos dated February 20, 2017,  separately address Immigration enforcement at the Border, and Enforcement priorities in the Interior. They are meant to implement the Executive Orders issued by President Trump.

The Interior Memo Marks A Major Shift In Interior Enforcement
By U.S. ICE – In Two Ways

FIRST, it expands the use of “Expedited Removal” of undocumented immigrants, allowing customs agents to deport more people faster and with fewer hurdles. The memos expand the period of expedited removal from two weeks to two years after people enter the country, and eliminate a requirement that they were caught within 100 miles of the border.  Those subject to expedited removal are not afforded review of the DHS decision by an Immigration Judge.

Expedited Removal is  found in 8 U.S.C. 1225(b)(1)(A)(1) and is a method of deportation that is shielded from review by Immigration Judges and Federal Courts.  It is carried out exclusively by ICE officials at DHS. There are two grounds by which persons can be charged under Section 235: being an intended immigrant without possessing an immigrant visa,  or,  having engaged in fraud or misrepresentation in order to obtain an immigrant benefit.  (Any other charge of deportation must involve full review by administrative Immigration Judges and an appeal process.)

SECOND, the memo ends the Obama priorities guidelines (which focused mainly on aliens with significant criminal convictions,  those with prior deportation orders, and recent entrants.)  The new memo’s priorities include those who have been charged with a crime, have obtained an immigration benefit by fraud, (work permit for example), have illegally obtained public benefits.   It largely expands the population of aliens subject to ICE arrest warrants.

DHS: (United States) Department of Homeland Security
ICE: (U.S) Immigration and Customs Enforcement (ICE is a section under the DHS)


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