(Mice benforcemem am! Rumor?! Operations (US. Department ofl-lontcland Security 500 Streel, SW \?v'ashinglon. DE. 20536 US. Immigration xv: . and Customs :9 Enforcement February 31. 30l 7 MEMORANDUM FOR: All ERO FROM: Matthew Wheat: Executive Ass?/ci' I SUBJECT: Implementing the Presidents Border Security and Interior Immigration Enforcement Policies On February 2 I - 2017. Secretary Kelly issued the attached memoranda. ?Implementing the President?s Border Securin and Immigration Enforcement Improvements Policies." and "Enforcement of the Immigration Laws to Serve the National Interest." These new polices outline the role ofthe Department of Homeland Security in the implementation of Order (130.) 13767. "Border Security and Enforcement Improvements," 82 Fed. Reg. 8793 (Jan. 25, 2017), and 13.0. 13762). "Enhancing Public Safety in the Interior of the United States,? 82 Fed. Reg. 8799 (Jan. 25. 2017). Effective immediately. Enforcement and Removal Operations (liRO) will implement this direction from the Secretary. with particular guidance as set forth below. Additionally- US. Immigration and Customs Enforcement is reviewing all existing policies and guidance documents and will revise or rescind relevant policies in order to ensure . . . With the 12.0. A. Enforcement Policy Effective immediately, BRO officers wili take enforcement action against alI removable aliens encountered in the course ofthcir duties. As always, IERO officers must make an individualized custody determination in every case. prioritizing detention resources on aliens subject to expedited removal and aliens removable on any criminal ground. security or related ground, or for grounds related to fraud or material misrepresentation. Under the terms of the DI will no longer exempt classes or categones of removable aliens from potential enforcement. Additionally. regardless of the basis of removability. ERO officers should prioritize efforts to remove aliens who: 1 With the exception ofthe Iune IS. 20l2 memo. "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children.? and the November 30. 301-4 memo. "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of US. Citizens or Permanent 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; (2) Have been charged with any criminal offense that has not been resolved; (3) Have committed acts which constitute a chargeable criminal offense; Have engaged in fraud or willful misrepresentation in connection with any of?cial matter before a governmental agency; (5) Have abused any program related to receipt of public bene?ts; (6) Are subject to a ?nal order of removal but have not complied with their legal obligation to depart the United States; or (7) In the judgment of an immigration of?cer, otherwise pose a risk to public safety or national security. Aliens listed above do not necessarily have to be placed in removal proceedings based on a criminal ground of inadmissibility or removability. Instead, ERO of?cers should prioritize 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 termination of ?catch- and?release" policies.2 ERO will work to detain aliens pending a ?nal determination of whether they will be removed from the United States, including a determination regarding eligibility for immigration relief and protection. BRO officers should only release from detention an alien detained pursuant to section 23 5(b) of the Immigration and Nationality Act (INA) on a case?by- case 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; (2) When the alien obtains an order granting relief or protection from removal or DHS determines that the individual is a US. citizen, national of the United States, or an alien who is a lawful permanent resident, refugee, asylee, holds temporary protected status, or holds a valid immigration status in the United States; (3) A Field Of?ce Director consents to the alien?s withdrawal of an application for admission, and the alien contemporaneously departs from the United States; (4) When required to do so by statute, or to comply with a binding settlement agreement or order issued by a competentjudicial or administrative authority; (5) A Field Of?ce Director authorizes the alien's parole pursuant to section 212(d)(5) of the INA with the written concurrence of the 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 an arriving alien processed under the expedited removal provisions of section 2 The implementation of this provision may be dependent upon the deployment of a surge of immigration judges and asylum of?cers and the acquisition of additional detention space, as determined by the Secretary. Page 2 of 4 FOR OFFICIAL USE ONLY FOR OFFICIAL USE ONLY Subject: Implementing the President?s Border Security and interior Immigration [Enforcement Policies 335(b) has been found to have established a ?credible fear" of persecution or torture by an asylum of?cer or an immigration judge. provided that such an alien af?rmatively establishes to the satisfaction ofan immigration officer his or her identity. that he or she presents neither a security risk nor a risk ol'absconding. and provided that he or she agrees to comply with any additional conditions of release imposed to ensure public safety and appearance at any removal hearings. As the agency works to expand its detention capacity. detention ol?all such individuals may not be possible. Detention resources should be prioritized based upon potential danger and risk of flight if an individual alien is not detained. C. Release and Parole Policy ERO officers should process requests for parole or other release sparingly. and only in individual cases where. after careful consideration of the circumstances the officer believes that the release would serve the best interests ofthe United States because of demonstrated urgent humanitarian reasons or significant public benefit. Parole or other release. with all available safeguards. may also be warranted in instances where detention capacity limits the agency's ability to detain the alien consistent with legal requirements. including court orders and settlement agreements. Agency policy establishing standards and procedures for the parole ofeertain arriving aliens found to have a credible fear of persecution or torture will remain in full force and effect until further evaluation is completed and additional guidance is issuch liRO of?cers are reminded. however. to apply ICE policy consistent with its plain language. and to ensure that the alien is held to his or her burden of establishing identity and that his or her release will not pose a danger or risk of flight. There is no presumption that an individual alien?s release would not pose a danger or risk of flight. D. Processing and Treatment of Unaccompanied Alien Minors HRO of?cers will continue to comply with the requirements of the th-"illiam Wilberforce 'l?raf?cking Victims Protection Reauthorization Act and the Flores Settlement Agreement. including all implementing policies and procedures. to ensure that all children, including unaccompanied alien children. are provided special protections to ensure that they are prOperiy processed and receive appropriate care and placement when they are encountered by 18 officers and agents. Mexican and Canadian unaccompanied alien children may be permitted to withdraw their application for admission and return to Mexico or Canada after proper coordination with the Mexican or Canadian Consulate has been completed. 3 Current agency policy is set forth in ICIE Policy No. Parole ofArriving Aliens Found to Have a Credible Fear of Persecution or 'l?orture. dated December 8. 2009. which is available The policy is implicated by pending litigation before the U.S. Supreme Court in .Iermings 1-. Rodri?gne; N0. l5-I204. and as noted in the Secretary?s i-?ebruary l7. 20 I7 memorandum. "Implementing the President?s Border Security and Immigration Enforcement Improvements Policies.? is subject to further review and evaluation pending ongoing implementation of Executive Order 3767, Page 3 of'?lL FOR OFFICIAL U815 ONLY FOR OFFICIAL USE ONLY Subject: Implementing the President?s Border Security and Interior Immigration Enforcement Policies Unaccompanied alien children who are permitted to withdraw may be repatriated at the nearest port of entry to Mexican or Canadian Consulate of?cials at a time designated by the consulate of?cial. E. No Private Right of Action This document provides only internal ICE 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 procedural, enforceable at law by any party in any administrative, civil, or criminal matter. Likewise, no limitations are placed by this guidance on the otherwise lawful enforcement or litigation prerogatives of ICE. In implementing these policies, I direct all ERO employees to consult with legal counsel through proper chain of command, to ensure compliance with all applicable laws, including the Administrative Procedure Act. Page 4 of 4 FOR OFFICIAL USE ONLY