Border and Enforcement News

Summary of President Trump’s Executive Orders

President Trump issued three executive orders relating to immigration this week.  A fourth executive order, relating to Deferred Action for Childhood Arrivals, was leaked in draft form but has NOT yet been issued as of Monday morning, January 30.

A brief summary of each order is below.

 

“Enhancing Public Safety in the Interior of the United States,” Signed on January 25, 2017.  Full text available here: https://www.whitehouse.gov/the-press-office/2017/01/25/presidential-executive-order-enhancing-public-safety-interior-united

This order attempts to intensify enforcement of immigration laws in the interior of the United States by escalating deportations, facilitating cooperation of state and local police with federal immigration enforcement, and increasing the use of civil detention.

The order does not mention businesses which employ or exploit those who are not legally authorized to work, nor does it mention the effect on US citizen children, spouses, and family members of those who are deported.

The order does the following:

• Revokes President Obama’s policy of focusing limited resources on deporting people with terrorist ties, criminal convictions, and histories of immigration violations.  In its place, the order effectively states that nearly everyone unlawfully present in the United States, as well as all deportable aliens in lawful status, are “priorities” for removal including those never charged with a crime whom an immigration officer has reason to believe has “committed acts constituting a chargeable offense.”
• Requires hiring of 10,000 additional immigration officers for enforcement and removal.
• Promotes cooperative agreements between the federal government and state and local police to train and delegate state and local law enforcement officials to perform immigration enforcement functions.
• Attempts to discourage states and cities from protecting immigrants by allowing DHS to designate any jurisdiction a “sanctuary,” and making “sanctuary” jurisdictions ineligible for federal grants.
• Encourages “transparency” (propaganda) by:
  • Mandating weekly reporting of a “comprehensive list of criminal actions committed by aliens”;
  • creating an office within DHS to offer “services to victims of crimes committed by removal aliens”;
  • mandating reporting on the immigration status of all federal inmates and pretrial detainees, as well as those serving state prison and jail sentences.
• Directs the Department of Justice to prioritize prosecution of immigration-related crimes (e.g. unlawful entry, re-entry after deportation);
• Directs the State Department to refuse to negotiate any agreements on any subject with countries which refuse to accept their nationals ordered deported from the United States.

 

“Border Security and Immigration Enforcement Improvements.” Signed on January 25, 2017.  Full text available here: https://www.whitehouse.gov/the-press-office/2017/01/25/executive-order-border-security-and-immigration-enforcement-improvements

This order attempts to limit unlawful immigration by “building the wall” and increasing the use of detention and prosecution at the border, including for those exercising their right to seek asylum.

This order contains unfunded mandates that will be impossible for the executive agency to enforce without billions of dollars of appropriations by Congress.

This order does the following:

• Requires “immediate construction of a physical wall on the southern border” to prevent “all unlawful entries into the United States.”  Directs DHS to “prepar[e] Congressional budget requests” for the wall’s construction and maintenance.  Directs immediate construction of additional detention facilities near the Mexico border. Directs Customs and Border Protection to hire 5,000 additional border patrol agents.

 

• Requires asylum officers and immigration judges to relocate to address detained cases at the border.

 

• Requires detention of people detained upon unlawful entry, or upon presenting themselves at the border to request asylum.  Attempts to reduce the use of parole to allow asylees to be released into the United States after they pass their initial screening interviews.

 

• Dramatically increases the use of “expedited removal” (summary deportation with no hearing before an immigration judge and no right to counsel) to the maximum extent allowed by statute, to all people detained anywhere in the United States who entered without inspection within the last two years.

 

• Directs all executive agencies to “identify and quantify all sources of direct and indirect federal aid or assistance to the Government of Mexico,” probably to set up a plan to “make Mexico pay for the wall.”

 

• Like the interior enforcement memo, promotes cooperation of local and state law enforcement officers in federal immigration law enforcement efforts, and requires the Justice Department to prioritize prosecution of immigration-related crimes.

 

“Protecting the Nation from Foreign Terrorist Entry into the United States.” Signed January 27, 2017. Full text available here: https://assets.documentcloud.org/documents/3431047/Extreme-Vetting-EO.pdf

As of the evening of January 29, 2017, federal courts have enjoined parts of this order, and DHS has created substantial confusion about whether and how it will comply with the order and the injunction.

This order does the following:

• Immediately suspends nationals of seven countries (Iraq, Syria, Libya, Somalia, Sudan, Yemen, and Iran) from entering the United States, including those who have lawful visas or refugee documents. DHS has announced that LPRs are not included in this ban unless DHS has specific information suggesting they are a security risk.  USCIS has also announced suspension of decisions on applications and petitions by nationals of these countries. Officers may admit people from these countries on a “case by case basis . . . in the national interest.”
• Immediately and indefinitely suspends admission of refugees from Syria.
• Suspends the admission of refugees from all countries for 120 days, and reduces the annual limit on refugees to 50,000. Appears to encourage state and local jurisdictions to reject refugees or limit the types of refugees they will resettle.
• Prioritizes refugee claims for those who are persecuted on the basis of being a member of a minority religion. Presumably, this is intended to apply to persecuted Christians in majority-Muslim countries.
• Suspends the visa interview waiver program, forcing consulates to interview all visa applicants including those who have already been vetted and are simply renewing a work visa. This is distinct from the visa waiver program for certain countries, which is still in effect.
• Orders expedited implementation of a biometric entry and exit system to track travel to and from the United States.
• Orders several agencies to cooperate on developing a “uniform screening standard and procedure” for all immigration benefits to detect and prevent fraud and terrorism.

“Ending Unconstitutional Executive Amnesties.”  A draft of this order was leaked by the same source that leaked earlier versions of the three published orders. This one has NOT been signed or published.  Full text is available at https://cdn2.vox-cdn.com/uploads/chorus_asset/file/7872553/Ending_Unconstitutional_Executive_Amenities.0.pdf

If published and signed, this proposed order would:

• Specify that any DACA beneficiary with a current EAD can continue to work on that EAD until its original expiration date.
• End the grant of Advance Parole to DACA beneficiaries.  It does not specify that AP would be revoked from those who have already been granted AP.
• End processing of new DACA applications and renewals.
• Prohibit the administration from implementing President Obama’s 2014 DAPA and expanded DACA programs, which have been tied up in litigation and never went into effect.

The order does not specify that DACA beneficiaries should be specifically targeted for removal; however, it also does not say that those working on valid EADs are protected from deportation.

Wet Foot Dry Foot Policy Q & A

By: Lily Axelrod

What was the wet foot dry foot policy?
When an immigrant arrives at a border, coast, or port of entry without permission to enter, she is usually subject to “expedited removal” (immediate deportation) unless she says that she is afraid to go back to her home country. If she’s afraid to go home, she is detained and given a “credible fear” interview to determine whether she is eligible to enter into the US to apply for asylum. This can result in lengthy detention.

Under the wet foot dry foot policy, Cubans were treated differently from all others. Those who arrived in the US (on “dry land,” not apprehended in coastal waters) were automatically “paroled into” the United States and did not need to be detained for very long, and were not subject to a “credible fear” interview. This made it far easier for Cubans to enter the US without visas, and without lengthy detention.

This is an executive policy that has been in place for many years, but is not an act of Congress.

What is the Cuban adjustment act?
This is a law passed by Congress that remains in effect. Under the CAA, most Cubans who have been paroled into the United States and have been here for more than one year can apply for permanent residency (a green card). They do not need to apply for asylum, and they are exempt from some of the normal green card requirements like having a relative or employer to sponsor them.

Obama’s announcement today does NOT change the Cuban Adjustment Act. Cubans who have been present in the US for more than a year after being paroled into the US will still have this special, easier process to get a green card.

How will Cubans be treated under the new policy?
Cubans who arrive in the US without a visa will no longer be automatically paroled into the United States. This means that in order to benefit from the “shortcut” offered by the Cuban Adjustment Act, Cubans will likely be subject to the same “credible fear” process as other asylees. To be allowed into the US, they will need to convince an asylum officer (in a brief interview, often over the phone without counsel present) that they have a credible fear of persecution in Cuba. This is a challenging interview to pass, because Cubans will have to show that there is a chance they will be individually persecuted on the basis of their race, religion, nationality, membership in a particular social group, or political opinion.

Once a Cuban passes their “credible fear” interview, they can request to be paroled into the United States. If the Department of Homeland Security grants this parole, the Cuban will be able to adjust under the Cuban Adjustment Act, and does not need to apply for asylum before an immigration judge like people from other countries.

Cubans who do not pass the “credible fear” interview will be subject to immediate deportation to Cuba.

How might this new policy affect asylees from other countries?

Now that Cubans will be subject to lengthy detention and the “credible fear” process, our already-swamped border detention centers and asylum offices will likely become even more overwhelmed and backlogged. This might mean that over-capacity detention centers will release people more quickly. On the other hand, if the next administration expands detention capacity and / or reduces the Asylum Office’s staff, it might mean longer and harsher detention for eveyone seeking our protection.

What about Cubans already in the U.S.?

Cubans who have already been paroled into the US under the old “wet foot dry foot” policy should be eligible for green cards under the Cuban Adjustment Act as usual. The change in policy is only for newly-arriving Cubans.

How might this change under the Trump administration?

President Trump can immediately revert to the old “wet foot dry foot” policy, he could keep Obama’s new policy, or he could come up with an entirely new policy.

For more information, view the full text of the bill.

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DHS Releases Statistics for 2016

The Department of Homeland Security (DHS) apprehended a total of 530,250 individuals, conducting a total of 450,954 removals and returns according to the end of fiscal year report the department released. Within the release, it was announced that the U.S. Border Patrol made 415,816 apprehensions, increasing 23 percent from last year’s total of 337,117, while Immigration and Customs Enforcement (ICE) announced a decrease in arrests of 8.6 percent from 125,211 in 2015 to 114,434 last year.

Out of the total 450,954 repatriated, 98 percent fell into one of the priority categories designated by ICE. 94 percent were categorized as Priority 1, aliens described as threats to national security, border security, and public safety. 5 percent were classified as Priority 2, serious and persistent misdemeanants, those who unlawfully entered the United States after January 1, 2014, and significant abusers of visa programs, and 1 percent as Priority 3, those who have been issued a final order of removal after January 1, 2014. Less than 0.1% percent of individuals removed or returned were classified as pertaining to other national interests, and less than 0.3 percent had unknown priority classifications.

For more information, view the DHS, CPB, and ICE full reports.

 

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