Trump administration revokes Mayorkas directive restricting ICE officers, initiates parole reassessment.
A series of executive orders concerning border security and illegal immigration were signed by President Trump.
DHS Secretary Alejandro Mayorkas's limits on ICE agents have been repealed by the Department of Homeland Security (DHS) in memos issued on Monday, along with a review of the use of humanitarian parole to admit migrants.
The first memo, which was reviewed by Planet Chronicle, revokes a 2021 memo issued by Mayorkas, which outlined areas that are "protected" and where ICE cannot conduct immigration enforcement. The policy aimed to ensure that enforcement did not restrict "people's access to essential services or engagement in essential activities."
Mayorkas stated that 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.
The guidance issued on Monday was rescinded, and it was stated that common sense should be used instead.
"The memo advised law enforcement officers to use discretion and common sense while enforcing immigration laws, and it was not necessary for the head of the agency to establish strict rules regarding where immigration laws could be enforced."
According to Planet Chronicle, ICE agents believe that canceling the Mayorkas order will enable them to focus on apprehending more illegal immigrants, as they have been able to evade capture near schools and churches.
The Biden administration used humanitarian parole to allow hundreds of thousands of migrants to enter the U.S., including nearly 1.5 million via the CBP One app and parole processes for nationals from Cuba, Haiti, Nicaragua, and Venezuela (CHNV). Additionally, the administration launched parole programs for nationals from Ukraine and Afghanistan.
The memo highlights that the statute requires the use of authority on a "case-by-case basis," which Republican critics argue the administration has misused. Additionally, the memo stresses that parole is a "restricted authority" that can only be applied in specific, limited circumstances.
The parole statute does not allow for categorical parole programs that assume aliens are eligible based on a set of general criteria.
The directive instructs the leaders of ICE and CBP to create a list of guidelines, policies, and procedures regarding parole, review them, and develop a plan to eliminate any that do not align with the law.
The DHS secretary will receive a report from them, and they will pause, modify, or end any programs that they deem were not implemented correctly, in accordance with statutes, regulations, and court orders.
Hours after Trump signed 10 border-related executive orders, including deploying the military to the border, ending Biden's parole programs, and ending birthright citizenship for children of illegal immigrants, the memos arrived.
The orders proclaim a national emergency and mandate the resumption of the wall's construction along the southern border.
"Trump immediately halted all illegal entry and began the process of returning millions of criminal aliens back to their countries of origin after being inaugurated."
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