Leaked Memos on Immigration Enforcement
There are leaked memos circulating on the internet. One is titled Implementing the President’s Border Security and Immigration Enforcement Improvements Policies and the other is titled Enforcement of the Immigration Laws to Serve the National Interest. The content of the memos is not officially confirmed and therefore is not reliable yet. However, here is a summary of the most important sections:
- The secretary of the Department of Homeland Security has been granted the authority to apply the expedited removal provisions to undocumented aliens who have not been admitted or paroled into the United States, who are inadmissible to the United States as a result of misrepresentation (fraud or willfully misrepresenting a material fact) or for not having an unexpired visa or other necessary documentation to be legally present in the U.S., and who have not affirmatively shown, to the satisfaction of an immigration officer, that they have been continuously physically present in the United States for the two-year period immediately prior to the determination of their inadmissibility.
- Asylum cases will be scrutinized more closely and aliens who file meritless claims will be removed as quickly as possible (it is not quite clear how it is going to be implemented in practice)
- The memo directs DHS to take all appropriate action to expeditiously hire 10,000 agents and officers to enforce the immigration law
- Prioritize removable aliens who: (1) have been convicted of any criminal offense; (2) have been charged with any criminal offense that has not been resolved; (3) have committed acts which constitute a chargeable criminal offense; (4) have engaged in fraud or willful misrepresentation in connection with any official matter before a governmental agency; (5) have abused any program related to receipt of public benefits; (6) are subject to a final order of removal but have not complied with their legal obligation to depart the United States; or (7) in the judgment of an immigration officer, otherwise pose a risk to public safety or national security.
The memo is silent about abolishing immigration benefits under DACA executive order.
