MEMORANDU FOR: l3 ROM I I liC'i: v. 5' Drgiarnneut ni? Humtinui hremit} \nj Homeland Security February 1 7. 201? Kevin MeAleenztn Acting Commissioner US. Customs and Border Protection Thomas 1). lioman Acting Director US. Immigration and Customs. Entbreement Scialubba Acting Director LES. Citizenship and Immigration Services Joseph B. Mather Acting General Counsel Dimple Shah. Acting Assistant Secretary for lntematiunal Aii?airs Chip Acting Undersecretary for Management f, it V. a John Kelly .. gm ?1 Seeretur}~ ,l Implementing the Prisiddnt?s Border Security and Immigration Enforcement improvements Policies This memorandum implements the lixecutit'e Order entitled ?Border Security and immigration Improvements," issued by the President on January 25. 2017. which establishes the President?s policy regarding etl'eetit'e border security and immigration entitreement through faithful execution et?thc laws of the United States. it implements new policies designed to stem iilegal immigration and facilitate the detection. apprehension. detention. and retrieval (aliztliens have. no lawful basis to enter or remain in the United States; It guidance to ail Department personnel, and supersedes all existing conflicting policy. directix?es. memoranda. and other guidance regarding this subject matter. except as whens-ix expressly stated in this memorandum. \uuxaihxgm A. Policies Regarding the Apprehension and Detention of Aliens Described in Section 235 of the Immigration and Nationality Act. The President has detennined that the lawful detention at?allens arriving in the United States at nthertx-?ise described in section 235th) ol? the immigration and Nationality Act UNA) pending a linal detemtinatien ot'tt'hether to order them removed. including determining. eligibility 1hr immigration relief. is the most ef?cient means by which to enforce the immigration laws at our borders. Detention also pretents such aliens from committing crimes while at large in the United States. ensures that aliens will appear for their removal proceedings, and substantially increases the likelihood that aliens lawlully ordered removed will be removed. These policies are consistent. with INA provisions that mandate detention ol?sueh aliens and allow me. or my designer: to exercise discretionary parole authority pursuant tn section 3' of the INA only on a ease-by-ease. basis. and only for urgent humanitarian reasnns or significant public bcnelit. Policies that facilitate the release of removable aliens apprehended at and between the ports ol?entry. which allow them to abscond and fail to appear at their removal hearings. undermine the. border security mission. Such policies. collectively referred to as "catch- and-release." shall end. Accordingly. effective upon my determination of: (l the establishment and of a joint plan with the Department el?lustiee to surge the deployment ofimmigration judges and asylum t'it?l?icers ta interview and adjudicate claims asserted by recent border entrants; and. the establishment ol'appropriate processing and detention facilities, US. Customs and Border Protection and US. immigration and (??ustoms Enforcement. (ICE) personnel should only release from detention an alien detained pursuant to section 235th) of the INA. who we. as apprehended or encnuntered alter illegally entering or attempting to illegally enter the United States. in the situatians on a case~by?ease basis. to the extent consistent with applicable statutes and regulations: 1. When remot ing; the alien from the United States pursuant to statute or regulation; l0 th the alien obtains an order granting relicl?or protection from removal or the Department at" lomeland Security l).l ts; determines that the individual is 3 L33. citizen, national ul'the linited States. or an alien is a lawful permanent resident. refugee, asylee, holds temporary protected status. or holds a valid immigration status in the United States: 3 When an lCli. Field Of?ce Director. ICE Special. .v?tgent-in-Clharge, 13.8. Border Patrol Sector Chief. Director of l?ield Operations. or 13? Air Marine Operations Director censents t0 the alien?s withdrawal of an application for admissinn. and the alien contemporaneously departs from the United States: When required to do St?) by statute. to comply with a binding, settlement agreement nr order issued by a enmpetent judicial or administrative authority; 5.11 When an lCl-i liield Of?ce Director. lC'li Special Agent-in'Charge, US Border Patrol Sector Chief. Direcmr of Field Operations. or (381? Air Marine (")perations Director authorizes the alien?s parole pursuant to section oi' the with the written concurrence ol?the Deputy Director of ICE or the Deputy Commissioner 01.17139. except in exigent circumstances such as medical emergencies where seeking prior approral is not practicable. in those exceptional instances. any such parole will be reported to the Deputy Director or Deputy Commissioner as expeditiously as possible: or a. hen an arrix ing alien processed under the expedited removal provisions of section has been found to have established a "credible fear" of persecution or torture by an asylum officer or an immigration judge. provided that such an alien establishes to the satisfaction of an immigration ollicer his or her identity. that he. or she presents neither a security risk nor a risk of nhseonding. and provided that he or she agrees to comply with any additional conditions of release immsed by to ensure public safety and appearance at any removal hearings. To the extent current regulations are inconsistent with this guidance. components will develop or revise regulations as appropriate. As the Department works to expand detention capabilities. detention ot?all such individuals may not he immediately possible. and detention resources should he prioritized hosed npon potential danger and risk ol?llight if an individual alien is not detained. and parole determinations will be made in accordance with current regulations and guidance. See 8 3t 35 3.35.3- This guidance does not prohibit the return ot?an alien to ho is arriving on land to the foreign territory contiguous to the United States from which the alien is arriving. pending a removal proceeding under section 340 ot?the INA consistent with the. direction oi?an ICE liicld ()lliee Director. lCli Special Agent?in-Charge. CBP Chief Patrol Agent. or Director ot?l-?ield Operations. B. Hiring More CBP Agents/Of?cers CBP has insuilicient to cl'll?cth ely detect. track. and apprehend all aliens illegally entering the. United States. lhe United States needs additional agents and of?cers to ensure complete operational control of the border. Accordingly. the Commissioner OH) 8? shall ?while ensuring consistency in training and standardsmimmcdiately begin the process of hiring additional Border Patrol agents, as well as 500 Air Marine and take all actions necessary.? to ensure that such agentsf'ot'?cers enter on duty and are assigned to appropriate duty stations. including providing for the attendant resources and additional personnel necessary to support such agents. as soon as practicable. Human Capital leadership in and ICE. in coordination with the Under Secretary for .?tlana?uement. Cliiet'liinaneiai Ql??cer. and Chief Human Capital Oli?icer. Shall develop hiring. plans that balance growth and interagency attrition by integrating workforce shaping and career iv) oaths t?or incumbents and new hires. C. Identifying and Quantifying Sources of Aid to Mexico The President has directed the heads ofall executive. departments to identify and quantify all sources ofdirect and indirect Federal aid or assistance to the Government of Mexico. Accordingly. the h-nder Secretary for Mzmagemcnt shall identify all sources ot?direct or indirect aid and assistance. excluding intelligence activities. from every departmental component to the (im'emment ol?Mexico on an annual basis. for the last ?ve tiscai years, and quantify such aid or assistance. "the Under Secretary for Management shall submit a report to me reflecting historic levels ot?sueh aid or assistance provided annually within 30 darts of the date ol?this memorandum. I). Expansion of the 287(g) Program in the Border Region Section. 287(g) ot? the NA authorizes me to enter into a written agreement with a state or political subdivision thereof. for the purpose of authorizing quali?ed of?cers or employees ofthc state or subdivision to perform the ol?an immigration of?cer in relation to the investigation. apprehension. or detention of aliens in the L'nitcd States. This grant ofauthority. known as the 38'7t g) Program. has been a highly successful force multiplier that authorizes state or local law enforcement personnel to perform all law enforcement functions speci?ed in section 287(a} ot?thc including the authority to investigate. identify, apprehend, arrest. detain. transport and conduct searches of an alien for the purposes ot?enl?oreing the immigration laws. From .lanuary 2006 through Sieptemher 2013, the 287ig} Program. led to the identi?cation oi?more than 4010th removable aliens, primarily through encounters at local jails. Empowering state and local law enforcement agencies to assist in the. enforcement of federal law is critical to an el'l?cctixe enforcement strategy. Aliens who engage in criminal conduct are priorities for arrest and removal and will often be encountered by state and local law enforcement of?cers during the course of their routine duties. it" is in the interest of the liDepartment to partner uith those state and local jurisdictions through 287(g) agreements to assist in the arrest. and removal ot'criminal aliens. To maximize by state and local jurisdictions in the enforcement oft'ederal immigration law near the southern border. i am directing the Director of lCli and the Conmiissioner to engage immediately with all willing and quali?ed law enforcement jurisdictions that meet all program requirements for the purpose ol'entcring into agreements under 387th) of the Dirt. The. Conunissioner of and the Director of ICE Should consider the operational functions and capabilities of the jurisdictions willing to enter into 287?!) agreements and structure such agreements in. a manner that employs the most effective enforcement model for that jurisdiction, inciuding the. jail enforcement model. task force of?cer model. orjoint jail enforeement-taslt force of?cer model. In furtherance of my direction herein. the Commissioner of is authorized. in addition to the Director oi" ICE-Z. to accept state services and take other actions as appropriate to carr},' out immigration enforcement pursuant to 287(g). 4 E. Commissioning a Comprehensive Study of Border Security The Under Secretary for in consultation with the Commissioner of CBP. "Task Force {Border}. and Commandant of the Coast Guard. is directed to commission an immediate. comprehensive study oi?the security ol? the southern border (air, land and maritime) to identi vulnerabilities and provide recommendations to enhance border security. The study should include all aspects oi? the current border security environment including the availability of federal and state resources to develop and implement an effective border security strata-g) that \till achieve complete operational control ot?thc border. F. Border Wall Construction and Funding A it all along the southern border is necessary to deter and prevent the illegal entry of aliens and is a critical component of the President?s overall border security strategy. Congress has authorized the construction of physical barriers and roads at the border to prevent illegal immigration in several statutory provisions, including section 103 of the illegal Immigration Retornt and Immigrant Responsibilit} Aer of 1996, as amended. 8 1103 note. with the President?s Executive Order. the will of Congress and the need to secure the border in the national interest. CBP. in consultation with the appropriate executite departments and agencies. and nongovernmental entities having relevant expertisem-and using materials originating in the United States to the maximum extent permitted by luwmshall immediately begin planning. design. construction and maintenance ol?a ?all. including the attendant lighting. technology (including sensors). as well as patrol and access roads. along the land border with h?lexieo in accordance with existing law, in the most appropriate locations and utilizing appropriate materials and technology to most effectively achiete operational control of the border. The tinder Secretary for Management, in consultation with the Commissioner ofC?Bl? shall immediately identity and allocate all sources of available funding for the planning, design. construction and maintenance etc: wall. including the attendant lighting. technology (including sensors), as well as patrol and access roads. and develop requirements for total ownership cost of this project. including preparing Congressional budget requests for the current ?scal year leg. supplemental budget requests) and subsequent ?scal years. no. G. Expanding Expedited Removal Pursuant to Section ofthe INA it is in the national interest to detain and expeditiously remove from the United States aliens apprehended at the border, who have been ordered removed alter consideration and denial ot?their claims for relict?or prt?ttection. Pursuant to section 235lhilt' of the if an immigratittm of?cer determines that an arrit ing alien is inadmissible to the United States under section 2 Bfall?xC) or section 212(alt7) ol.? the the officer shall, consistent with all applicable laws. order the alien removed from the United States without further hearing or review. UI unless the alien IS an unaccompanied alien ehild .15 det1ned 1n 6 S. 6379(11 )indicates an inthtion to appl}. tor overlain or a fear L11 persecution or torture or a tear oi return to his or her country. or claims to have a valid immigration status within the United States or to be a citizen or national oi'the United States. Pursuant to ot the N. and other provisions of law 1 have new granted the authority to apply. b) designation 111} sole and unrevieoahle discretion, the expedited 111111111111 pro? iaions in section 235(b)( and (ii) of the INA to aliens who have not been admitted or paroled into the United States who are inadmissible to the United States under section 2 3(a)(6)iC or section 212(a)(7) oi the IN and who have not L11 shown. to On Satisf Letion 1111111 immiv'ration otticer. that the) ham: been continuouslv sicall} present in the. United StatLSl or the to L1 }ear period immediate!) prior to the determination (11 their inadmissihility. 'l?o date this authority has. onlv been exercised to desivnate for application of Lepedited tetnot al aliens encountered within 1110 air miles 1.1! border and l4 dam oi entrv and aliens who arrived in the. l: nitcd States b\ sea other than at a port 01 ems The surge oi'itlegal immigration at the southern border has overwhelmed federal agencies and resources; and has created :1 signi?cant national security vulnerability to the United States. thousands ol'aliens apprehended at the border, placed in remov al proceedings. and released from custody have. abseondcd and failed to appear at their removal hearings. immigration courts are. experiencing a historic backlog of removal eases. primarin proceedings under section 240 of the NA for individuals who are. not currently detained. 0111 1113.; OctoherB (ll 6 and ember 2016. there were 46 NH and 47.215. apprehensions. respeetix el\. bent een pom; of entry on our southern border. in comparison dunng October 2(llS and \?ov ember 201.1 there were 32,724 and 32 .838 apprehensions. respectiv 'elv. hLmeL-n ports 111? entry on our southern border. lhis merease ot 10.00011 5.000 apprehensions per month has Sitg nitteantl} strained DHS rest?1uree.?. Prirthennore. according to EQIR information provided to DHS. there are more. titan 34. 000 cases Lurrentlv pendinu on immiuration court nationwide??a record high. Bv contrast according to some reports. there were nearlv l68 000 cases pending at the end of ?scal 11:31 {i Y) 3004 xx th 22 AM 1) 11.1.? last expanded 'lhis represents an increase of more. than 390911 in the number of cases pending completion. 'l'elt Laverage removal ease for an alien who is not detained itaS been pending for more than two ~rears before an immigration judge. in some immigration courts. aliens who are not detained will not have their cases heard by an immigration judge for as long as tit years. This unacceptable delay all?ords removable aliens 1? 'NotieL De donating Aliens Subject to Expedited Remotal Under Section" ithKi ofthe immigration and Nationality Art 67 Fed Reg. 68924 3. 3002120esiuia1i11g AliLns i or predited Removal 69 led Reg 488" 1 (Aug it 20041: Eliminating EvLeption to Expedited Retrieval Authoritt for Nationals Encountered 1n the United States or Arriving h) Sea. 82 Fed. Reg. 4902(11111. 2017) S3racuse University. Records .lL-L?crs (TRAU Data Research; available at phptools."im111igration ??L'oortwbacltlogi 1?11. with. no plausible claim for reliel?to remain unlawfully in the Linited States for many years. To ensure the prompt removal ot?aliens apprehended at or near the border, the Department \Vili publish in the Federal Register a new Notice Designating Aliens Subject to Expedited Retrieval Under Section of the Inunigration and Nationality Act. I direct the oi" and the Director of ICE to conform the use ol?expcdited removal procedures to the designations made in this notice upon its publication. ll. Implementing the Provisions of Section 235(b)(2)(C) of the INA to Return Aliens to Contiguous Countries Section 235(b)(2)(C) ol? the INA authorizes the Department to return aliens arriving on land from a foreign territory contiguous to the United States. to the. territory from which they arrived.? pending a formal rcmox-al proceeding under section 240 of the INA. When aliens so apprehended do not pose a risk ol?a subsequent illegal entry or attempted illegal entry. returning them to the. loreign contiguous territory from which they arrived. pending the outcome of remox at proceedings saves the Department?s detention and adjudication resources for other priority aliens. subject to the requirements ot?seetion '1232. Title 8. United States Code. related to unaccompanied alien children and to the extent otherwise consistent with the law and LS international treaty obligations. CBP and personnel. shall. to the extent appropriate and reasonably practicable, return aliens described in section ol' the INA. who are placed in removal. proceedings under section 240 ol?the and who, consistent with the guidance of an Held Office Director. CBP Chief Patrol Agent. or Director of Field Operations, pose no risk oI' recidix ism? ~t'o the territory of the foreign contiguous country from which they arrived pending such removal proceedings. l?o Facilitate the completion ol?rcmox?al proceedings for aliens so returned to the contiguous country. iCif: I?ield Of?ce Directors, Special Agents-in?Charge. C'hiet?l?atrol Agent. and CBP Directors ot?l-?ield Operations shall make available "facilities for such. aliens to appear Via video teleconference. The Director ot? ICE and the Commissioner ot'CBl? shall consult with the Director ol?liOlR to establish a functional. intemperahle Video telecontcrenee system to ensure maximum capability to conduct video teleconference remotval hearings for those aliens so returned to the contiguous country. i. Enhancing Asylum Referrals and Credible Fear Determinations Pursuant to Section 235(b)(1) of the RNA With certain exceptions, an}r alien who is physically present in the United States or who arrives in the United States {nhether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters}. irrespeCtit?c ot?suci?t alien?s status. may apply for asylum. For those aliens who are subject to expedited removal under section VaSSi?b) ot?the INA. aliens who claim a fear of return must be referred to an asylum of?cer to determine whether they have established a credible fear ot? persecution or torture to establish a credible tear of persecution. an alien must demonstrate that there. is a significant possibiliu" that the alien could establish eligibilit) for asvlum. taking into account the credibility ot?the statements made by the alien in support ot?the claim and such other facts as are known to the ofticer.? The Director of USCIS shall ensure that asylum officers conduct credible fear interviews in a manner that allows the interviewing of?cer to elicit all relevant information from the alien as is necessary to make a legally suf?cient determination. in determining v. hether the alien has demonstrated a signi?cant possibility that the alien could establish eligibility for asylum. or for withholding or deferral of removal under the Convention Against, Torture. the asylum officer shall consider the. statements of the alien and determine the credibility of the alien's statements made in support ol? his or her claim and shall consider other facts known to the of?cer. as required by statute." "the asylum of?cer shall make a positive credible fear ?nding only after the officer has considered all relevant evidence and determined based on credible evidence that the-alien has a signitieant possibilitv ol establishine eliuibilitv for asvlum. or tor nithholding or determl ol removal lunder the omention \gainst 'lortiurc. based on established legal authority.7 the Director of llSC?lS shall also increase the operational capacity ot?the Fraud Detection and National Security (FDNS) Directorate and continue to strengthen the integration of its operations to support the Field Operations. Refugee. Asylum, and international Operations, and Sen ice Center Operations Directorate. to detect" and prevent fraud in the as) lum and bene?ts adjudication processes. and in consultation with the lfSC?lS Olliee of Policy and Strategy as operationally appropriate. The Director of the. Commissioner and the Director at shall rev?ieu fraud detection. deterrence. and prevention measures throughout their respective agencies and provide me with a consolidated report \vithin 90 days of the date of this memorandum regarding t?raud vulnerabilities in the asvlum and benefits adjudication proLL ees ses. and propose measures to enhaneL tiaud detection. deterrence. and prev cation in these proce ss.es J. Allocation of Resources and Personnel to the Southern Border for Detention of Aliens and Adjudication of Claims The detention ot?alicns apprehended at the border is critical to the effective ol? the immigration laws. Aliens who are released from custody pending a determination of their removabilitv are highlv likelv to abscond and fail to attend their removal hearings. Moreox er the screening. oi credible lear claims by and adjudication ot asylum claims by at ?tn?w {sirloin ts? 235tb)(t)( 8t tor 255 .3 :03. 3t) sw is 335th)? wiry}. id: U. detention facilities located at or near the point of apprehension will facilitate an expedited resolution or? those claims and result in lower detention and transportation costs. .:\ecordingly, the Director ot?lCF. and the Commissioner should take all necessary action and allocate all available. resources to expand their detention capabilities and. capacities at or near the border ith Mexico to the greatest extent practicable. CBP shall focus these actions on expansion of detention" {defined as 72 hours or less under 6 31 capability. and will them these actions on expansion of all other detention capabilities. CBP and 1C l3 should also explore options t?orjoint temporary structures that meet appropriate standards for detention giyen the length ofstay in those facilities. in addition. to the greatest extent practicable. the Director of is directed to increase the number of asylum oilicers and of?cers assigned to detention facilities located at or near the border with Mexico to properly and ctliciently adjudicate credible fear and reasonable fear claims and to counter asylunwelated fraud. K. Proper Lise of Parole Authority Pursuant to Section of the The authority to parole aliens into the United States is set forth in section ol? the lh?A. which provides that the Secretary may. in his discretion and on a case-hy-case basis. temporarily parole into the United States any alien who is an applicant for admission for urgent humanitarian reasons or signi?cant public bene?t. Upon careful scrutiny. the statutory language appears to strongly counsel in favor ot?using the parole authority sparingly and only in individual cases where. after careful consideration ot?the circumstances, parole is necessary because of urgent. humanitarian reasons or significant public bene?t. The patience of gt?tlt?tlittg parole to certain aliens in pre~designated categories in order to create immigration programs not established by? Congress. has contributed to a border security crisis. undermined the. integrity of the immigration tans and the parole process. and created an incentive for additional illegal immigration. Therefore. the Director of the Commissioner ot?CBl?. and the Director of ICE. shall ensure that. pending the issuance of ?nal regulations clarifying the appropriate use of the parole power. appropriate written policy guidance and training, is provided to employees uitltin those agencies exercising parole authority, including advance parole. so that such employees are familiar with the proper exercise of parole under section ofthe INA and exercise such parole authority only on a case-hywcasc basis. consistent with the lam and ritten policy guidance. Notwithstanding: any other provision ol?this memorandum, pending my further review and evaluation ot?thc impact of operational changes to implement the Executive Order. and additional guidance on the issue by the Director of the policy directive establishing standards and procedures for the parole ot?eertain arriving aliens found to have a credible fear ot'persccution or (L) torture shall rennin in full force and ell'eet.? The policy directite shall be implemented in a manner consistent with its plain language, in every case. the burden to establish that his or her release would neither pose a danger to the nor a risk ot?llight? remains on the individual alien. and ICE retains ultimate discretion whether it grants parole in a particular ease. Proper Processing and Treatment of Unaccompanied Alien Minors Encountered at the Border in accordance with section 235 of the William Wilberforce 'l?raflieking Victims Protection Reauthorization Act ot'20t)8 (codi?ed in part at 8 l23?3) and section 462 ofthc ilmueltmd Security Act ot?ZOtl?l t6 379), unaccompanied alien children are provided special protections to ensure that they are properly processed and receive the appropriate care and placement when they are encountered by an immigration of?cer. An unaccompanied alien child. as de?ned in section Title 6. United States Code. is an alien who has no lawful immigration status in the United States. has not attained l8 sears ot?agc; and with respect. to whom. (l 3 there is no parent or legal guardian in the United States, or (2) no parent oi'legal guardian in the United States is atailahlc to provide care and physical custody. Approximately 1:35.000 unacmmpanied alien children have been apprehended at the southern border in the last three years. Most of these minors are from lil Salvador. l'londuras. and ("i-untemala. many 01" whom trot-cl overland to the southern border with the assistance ot?a smuggler who is paid several thousand dollars by one or both parents. who reside illegally in the l.,,lnited States. With limited exceptions? upon apprehension. or Kilri must determine it?a child meets the definition oi?an "unaccompanied alien child? and; it?so. the child must he transferred to the custody ol?tlte Of?ce. of Refugee Resettlement within the Department of Health and Human Services (HHS) within 72 hours, absent exceptional circumstances.9 The detemiination that the child is an ?unaccompanied alien child" entitles the child to special protections, including placement in a suitable care Facility, access to social services. removal proceedings before an immigration judge under section 240 ol? the INA. rather than expedited removal proceedings under section 235th} of the WA. and initial adjudication ot?an)? asylum claim by Approximately 60% of minors initially determined to be "unaccompanied alien children" are placed in the care of one or more parents illegally residing in the United States. How ever. by l?f)epartment policy and practice. such minors maintained their status as "unaccompanied alien children." notwithstanding that. they may no longer meet the. statutory definition once they have been placed by HHS in the custod) ot?a parent in the United States who can care for the minor. Exploitation. ot?that policy led to abuses by many ot?the parents and legal guardians ol?those. lCii Policy No. Willi: Parole of Arriving Aliens Found to ?2th Credible Fear of Persecution or ?l'orture {Dec ti. ZUQW. 1233mm}. S?x? gurtui?dflit? it use. 1233; minors and has contributed to significant administrative in adjudications hy immigration courts and To ensure identi?cation ot? abuses and the processing of unaccompanied alien children consistent with the statutory framework and any applicable court order. the Director the. Commissioner ot?CBl?. and the Director of it? are directed to develop uniform mritten guidance and training. for all employees and contractors of those agencies regarding the proper processing, ol?unuccompnnied alien children. the timel} and fair adjudication ol?their claims for relief from l'tm'thll. and, their sale repatriation at the conclusion ol'removal proceedings. in dexveloping such guidance and training. they shall establish standardized review procedures to continn that alien children who are initially detennined to he "unaccompanied alien childlrenl.? e13 de?ned in section Title 6. United States Code. continue to {all within the statutory definition when being considered for the legal protections afforded to such children as the}~ go through the removal process. M. Accountability Measures to Protect Alien Children from Exploitation and Prevent Abuses of Our Immigration Laws .-\lthough the Department's personnel must process unaccompanied alien children pursuant to the requirements described ubme. we hare an obligation to ensure that those who conspire to violate our immigration laws do not do so with impunicy?particularly in light of the unique oi" alien children \t ho are smuggled or traf?cked, into the United States. "the parents and. family members of these children. who are often illegally present in the United States. ol'ten pa} smugglers several thousand dollars to bring their children into this countr). tragically. many ol?these children fall ictint to robbery. extortion, kidnapping. sexual assault. and other crimes ol?violencc by the smugglers and other criminal elements along, the dangerousjourney through Mexico to the United States. Regardless ofthe desires for family reuni?cation. or conditions in other countries. the smuggling or traf?cking ol'alien children is intolerable. Accordingly. the Director oi? {Cl-i and the Commissioner ofC?Bl? shall ensure the proper enforcement oi" our immigration lit? 5 against those Who?directly or indirectl} facilitate the smuggling or trafficking clulien children into the United States. Proper enforcement includes. but is not limited to. placing such individuals who are removable aliens into removal proceedings. or relen'ing such individuals for criminal prosecution. as appropriate. N. Prioritizing Criminal Prosecutions for Immigration Offenses Committed at the Border "The surge of illegal immigration at the southern border has produced a significant increase in. organized criminal activity in the border region. Mexican drug cartels. entral American gangs. and other violent transnational criminal organizations have established sophisticated criminal enterprises on both sides of the border. The large-settle movement of Central Americans. h'lcsictms. and other Foreign nationals into the border area has significantly strained l?ederul l, agencies and resources dedicated to border security. These criminal organizations have montiipolircd the. human traf?cking. human smuggling. and drug traf?cking trades in the border region. It is in the national interest 01? the United States to prevent criminals and criminal organizations from destabilizing border security through the proliferation of illicit transactions and \?iOlCl?lCC perpetrated by criminal organizations. 'l'o counter this substantial and ongoing threat to the security of the southern border including threats to our maritime border and the approachesm?the Directors of the Joint Task Forces-West. ~E?ast. and ~lnvestigations, as well as the lCE-led Border Enforcement Security "l?ask Forces (BLS?l?sl. are directed to plan and implement enhanced counternettx-?orlt operations directed at disrupting transnational criminal organizations, focused on those inxolved in human smuggling. The Department will support this work through the Office of intelligence and Analysis. CliP's National ?l?argeting Center, and the Human Smuggling Cell. in addition. the task forces should include participants from other federal. state. and local agencies. and. should target individuals and organizations whose criminal conduct undermines border security or the integrity ol?the immigration stern. including related to alien smuggling. or traf?cking. drug traf?cking. illegal entry and reentry. visa l?raud. identity theft. unlawful possession or use ol?o?iciai documents. and acts of violence committed against persons or property at or near the border. in. order to support the efforts of the BESTs and counter network operations of the Joint Task Forces. the Director of lCli shall increase ol?the number or" special agents and in the {\?orthem Triangle Attache Oliices and increase the number of \etted Transnational Criminal investigative Unit international partners. This expansion of lCE?s international footprint will locus both dottiestic and international efforts to dismantle transnational criminal organizations that are facilitating and pro?ting. from the smuggling routes to the United States. 0. Public "Reporting of Border Apprehensions Data The Department has an obligation to perform its mission in a transparent and manner. The. public is entitled to know. with a reasonable degree of detail. intomtation pertaining to the aliens unlawfully entering at our borders. 'l?liereliore. consistent with law. in an effort to promote transparency and renew con?dence in the Department?s border security mission. the Commissioner ofCl'll? and the Director of shall develop a standardized method for public reporting of statistical data regarding aliens apprehended at or near the border for violating the immigration law. The reporting method shall include unilomi terminology and shall utilize a format. that is easily understandable by the public in a medium that can be readily accessed. At a tninln-turn. in addition to statistical inl?onnation currently being publicly reported regarding apprehended aliens. the following information must be included: the number of l2 convicted criminals and the nature of their offenses; the prevalence of gang members and prior immigration violators: the custody status of aliens and, if released. the reason for release and location of that release: and the number of aliens ordered remm cd and those aliens phi sically removed. P. No Private Right of Action ".l?his document provides only internal DHS policy guidance. which may be modi?ed. rescinded. or superseded at any time without notice. This guidance is not intended to, does not, and may not be relied upon to create any right or bene?t. substantive or primeduml. enforceable at law by any party in any administrative, civil, or criminal matter. no limitations are placed by this guidance on the othemise lawful enforcement or litigation prerogatives of OHS. In implementing this guidance, direct DHS Components to consult with legal counsel to ensure compliance with all applicable lav. 5. including the Administrative Procedure Act.