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ie otra Rs Operon 50 ase US, Immigration and Customs SS Enforcement February 21.2007 MEMORANDUM FOR: All ERO Finployees Ge FROM Matiost. Peouve Ad SUBIECT Implementing the President's Border Security and Inetior [migration Enforcement Policies, (On February 21. 2017, Seeretary Kelly issued the attached memoranda. “Implementing the resident's Border Security and Innmigration Enforeersent Improvements Policies.” and [Enforeement of the Immigration Laws to Serve the National Interest” These new polices cutline the role of the Depasiment of Homeland Security (DHS) inthe implementation of Exceutive Order (F.0.) 15767, “Border Security and Smmigration Enforcement Improvements.” {82 Fed, Reg. 8793 (Jan. 25, 2017), and E.0. 13768, Enhancing Public Safety inthe Imerior of the United States,” 82 Fed. Rep. 8799 (Jan, 25, 2017), Fiteetive immediately, Enforcement and Removal Operations (80) will implemen this direction ftom the Sceretay. with particular guidance as set forth below. ‘Adaltionally. U.S, Immigration and Customs Enforcement (ICE) is reviewing all existing policies and guidance documents and will revise or escind relevant policies in order to ensure ‘consistency withthe H.0.! A. Enforcement Poliey fective immediately, ERO officers will take enforcement action against al cemovable aliens encountered in the course oftheir duties, As always, ERO officers must make an individualized custody determination in every eas. prioritizing detention resources on aliens subject to expedited removal and aliens removable on any criminal ground, security or eciated ground, oF for grounds related to lraud or material misrepresenation. Under the terms of the F.0., DIS ‘ill no longer exempt classes or categories of removable aliens from potential enforcement ‘Additionally, regardless ofthe basis of removabiliy. ERO offieers should prioritize efforts to remove aliens who: 5 whe exception ofthe Jane 15.2012 met. “Fsercising Proseutra Discretion wih Respect to naval ‘Who Chm tothe United Stats as Children” and ube November 20,2014 memo, “Exercising rosetta Draven with Respes to ndvidals Who Cae to the Unie Sates a hilfen and with Respect o eran Individuals Who Are the Pazera US. Cizans ot Peranent Residents FOR OFFICIAL USE ONLY Subject: Implementing the President's Border Security and Interior Immigration Enforcement Policies (1) Have been convicted of any criminal offense; {@) Have been charged with any criminal offense that has not been resolved; {G) Have committed acts which constitute a chergeable criminal offense; (@) 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 imamigration officer, otherwise pose a risk to public saety or national security. “Aliens listed above do not necessarily have to be placed in removal proceedings based on @ ‘criminal ground of inadmissibilty or emovability. Instead, ERO officers should prior individuals within the above priorities for removal proceedings based on any lawfully available removal grounds. B. Detention Policy ‘The agency is currently expanding detention space to support the E.0.’s termination of “catch- and-release” polices.” ERO will work to detain aliens pending a final determination of whether they will be removed from the United States including a determination regarding eligibility for immigration relief and protection. ERO officers should only release from detention an lien detained pursuant to section 235(b) of the Immigration and Nationality Act (INA) on @case-by- tease basis, in accordance with applicable statues and regulations, in the following situations: (1) When removing the alien from the United States pursuant to statute or regulation; (@) When the alien obtains an order granting relief or protection from removal or DHS determines that the individual isa U.S. citizen, national of the United States, or an alien who is a lawful permanent resident, refugee, asyle, holds temporary protected status, ot ‘holds a valid immigration status inthe United States; {G) A Field Office Director consents tothe alien's withdrawal ofan application for admission, and the alien contemporaneously departs from the United States: (4) When required to do so by statute, or to comply witha binding settlement agreement oF order issued by 2 competent judicial or administrative authority; (5) A Field Office Director authorizes the alien's parole pursuant to section 212(4)(S) ofthe INA withthe written concurrence ofthe Deputy Director of ICE, except in exigent circumstances such as medical emergencies where seeking prior approval is not practicable. In those exceptional instances, any such parole will be reported to the Deputy Director as expeditiously as possible; or (6) When aa arriving alien processed under the expedited removal provisions of section Fe implementation ofthis provision may be dependent upon the deployment of surge of immigration jules and asylum afices andthe equson of dtonlCetenon space, as dtermined by the Seeeay. age 2 of # FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY Subject: Implementing the President's Border Security and Interior Immigration Enforcement Policies 235(b) has buen found to have established a eredible fear” of persecution oF torture by an asylum olficer or an immigration judge, provided that such an alien affirmatively establishes tothe satisfaction ofan iymigration officer his os her identity. that he oF she presents neither a security risk nora risk of absconding. and provided that he or she agrees to comply with any additional conditions of release imposed to ensure public safety and uppearance at any removal hearings. [As the agency works to expand its detention capacity. detention ofall such individuals may not bbe possible. Detention resourees should be prioritized based upon potential danger and risk of fight ian individual alien isnot detained . Release and Parole Policy ERO officers should process requests for parole or ather release sparingly. and only in individual ceases where afer careful consideration of the circumstances, the officer believes that the release ‘would serve the best interests oF the United States because of densonstrated urgent humanitarian reasons or significant public benefit. Parole or ether release, wth al available safeguards, may ‘also be warranted in instances where detention capacity limits the agency's ability vo detain the alien consistent with legal requirements. including cour orders and settlement agreements. ‘Awency policy establishing standards und procedures forthe parole of certain arriving ai found to have @credile fear of persecution or torture will remain in fll force and effect until further evaluation is completed and additional guidance is issued,” FRO officers are reminded, hawever. to apply ICE policy consistem with is plain language. and to ensure chat the alien is held to his or her burden of establishing identity and that his or her release will nol pose a dans or risk of flight. There is no presumption thats individoal alicn’s release would not pose danger or risk of flight. D. Processing und Treatment of Unaccompanied Alien Minors ERO officers will continue to comply with the requirements ofthe William Wilbertoree Trafficking Vietims Protection Reauthorization Act af 2008 (TVPRA) and the Flores Settlement Agreement. including all implementing policies and procedures. to ensure that all children including unaccompanied alien children. ave provided special protections to ensure thal they are properly processed and receive appropriate care and placement when they are encountered by DIIS officers and agents. Mexican and Canadian unaccompanied alien children may be permitted to withdraw their application for admission and return to Mexico or Canaca alter proper coordination with the Mexican or Canadian Consulate has buen completed, ® Cuma ageney poli iat (nh in ICE Policy No 110021: Pzse of Ariving Aliens Yound Have Cesible Fear of Percent or Trtre, dated Deceiber 8 2008, which aval hare The policy i iplicited by pening ligation before the U.S Supeene Cou inning Rodrig, No. 15-1204 aad as nted ithe Eres Febery 17,217 memoranda Inplmeming the President's Border Security abd ligation EnforenentInprovemcrts Poise sbjet ofr resi andevaution pedi ongoing plementation ‘of Executive Order 13757, Page 3 0f4 FOR OFFICIAL USE ONLY