Yesterday, President Donald Trump signed an Executive Order called “Border Security and Immigration Enforcement Improvements”. The purpose of this order is to “direct executive departments and agencies … to deploy all lawful means to secure the Nation’s southern border, to prevent further illegal immigration into the United States, and to repatriate illegal aliens swiftly, consistently, and humanely.” The order calls for the following policies to occur:
1. Physical Security of the Southern Border of the U.S. President Trump has directed the Department of Homeland Security (“DHS”) to take immediate steps to obtain complete operational control of the southern border, including planning, designing, and constructing a wall; allocating federal funds for the border wall; and projecting long-term funding for the border wall. The order also directs DHS to hire 5,000 additional Border Patrol agents as soon as possible.
2. New Detention Facilities and More Detention. President Trump has directed DHS to immediately construct detention facilities at or near the southern border, and to assign asylum officers and immigration judges there to expedite removal proceedings. He has directed DHS to return applicants for admission arriving on land from contiguous territories to be returned from that territory, pending a formal removal proceeding. President Trump has also directed DHS to immediately take action to detain noncitizens apprehended “for violations of immigration law pending the outcome of their removal proceedings or their removal. Finally, President Trump has mandated that DHS issue guidance on its detention authority, including the termination of the “catch and release” policy, which allows those believed to be violators of immigration status to be released while waiting for a removal hearing in front of an immigration judge.
3. Parole, Asylum, and Removal. President Trump has directed DHS to take action to ensure that the parole and asylum provisions of the INA “are not illegally exploited to prevent the removal of otherwise removable aliens.” He directed DHS to use the “expedited removal” process to the maximum extent permitted to any individual who has not been “admitted or paroled” who cannot prove she has been continuously present in the U.S. for the 2 years prior to being determined inadmissible. President Trump will only allow DHS to use its humanitarian parole authority only when a noncitizen can demonstrate “urgent humanitarian reasons” or “significant public benefit” that is “derived” from such parole.
It looks like a new era for U.S. immigration has now begun. Please check back as Wolfsdorf Rosenthal LLP continues to provide updates on President Trump’s new immigration policies.
Contact your Wolfsdorf Rosenthal LLP immigration attorney today if you have any questions on how President Trump’s new immigration policies may affect you or your immigration status.