On January 25, 2017, President Trump signed two new executive orders reflecting significant changes in United States immigration policy.
The first order, “Enhancing Public Safety in the Interior of the United States”, calls for an expansion of immigration enforcement programs as well as an increase in the number of persons considered “enforcement priorities.” Some of these changed priorities include persons who:
- Have been convicted for any criminal offense;
- Have been charged with any criminal offense, where the charge has not been resolved;
- Have committed any acts that constitute criminal offenses; or
- Are considered to have abused public benefits programs.
This order also calls for increases in both federal and state government authorities to enforce immigration law. The order seeks the addition of 10,000 officers under U.S. Immigration and Customs Enforcement (ICE), as well as agreements with the individual States to authorize State and local law enforcement to enforce immigration laws. The order also directs “increased transparency”, in the form of reports showing the immigration status of any foreign national detained or incarcerated in the U.S.
Last, the order calls for actions and penalties against parties seen as preventing or hindering immigration enforcement, calling for fines and penalties to be levied against persons who are unlawfully present in the U.S. or who facilitate the presence of such persons, diplomatic efforts against countries that do not repatriate their foreign nationals who have been removed from the U.S., and denial of federal grants to local and state governments that are “Sanctuary” jurisdictions.
The second order, “Border Security and Immigration Enforcement Improvements”, calls for facility and personnel increases for immigration enforcement at the U.S./Mexico border. This includes construction of a wall along the border, as well as increases in both detention facilities and Customs and Border Protection officers. The order includes calls for ensured detention of foreign nationals apprehended at the border, expedited removal proceedings, and increased agreements with state and local governments for local law enforcement to enforce immigration law at the borders. In addition, the executive order dictates that parole (which could include advance parole typically issued to adjustment of status applicants) be limited to urgent humanitarian reasons or significant public benefit situations.
The Trump Administration is expected to sign and publish a third Executive Order affecting U.S. immigration in the next few days. We will publish a summary of this new order when it is published.
