While the Executive Order President Trump signed on January 27, 2017 affecting refugees and those from certain countries has come front and center, there were two other Executive Orders that Trump signed earlier last week.
Border Security and Enforcement Improvements
The first of these, the Border Security and Enforcement Improvements focuses on two things:
- Building a wall between the US and Mexico: While the law states that all available funding should be put towards this (that is, all funding that can be re-allocated according to law), it will take an act of Congress to allocate the funds necessary to finish its construction.
- In conjunction with the above the Executive Order also requires the building of additional detention facilities and the allocation of additional asylum officers and immigration Judges to the Border. Again, this will certainly require additional resources from Congress as the current number of asylum officers and immigration Judges is inadequate for the current number of detainees.
- Terminate Catch and Release: This refers to a policy that was already stopped by the Obama administration of releasing those caught at the Border instead of keeping them in detention facilities. As this practice was already stopped, except for those qualifying for certain relief, it should have little impact.
- State Partnerships: The Order also tries to push the expansion of state assistance in enforcing immigration laws
- Parole and Asylum: The Order tightens expectations for asylum review and parole reviews at the Border. It basically pushes the officers at the Border to use available expedited procedures when applicable. Likewise, Parole should only be given when statutory standards are met.
While there are some other provisions, the above are the main provisions of this order.
Enhancing Public Safety In the Interior of the United States
The second order is called Enhancing Public Safety In the Interior of the United States. This Order focuses on:
- So-called “Sanctuary Jurisdictions”: Sanctuary Jurisdictions are those jurisdictions that actively do not cooperate with the Federal Government in the enforcement of Immigration Issues and will not share or collect immigration information about persons who utilize local and/or state government services. The Order seeks to force these jurisdictions to comply and provide such information or face a cessation of all Federal Aid (except for law enforcement). This section appears to violate several Court cases that require any such cessation of aid to be tied closely to the purpose of the statute.
- The Order also re-institutes the so-called “Secure Communities” enforcement model. This model is based upon local and state authorities helping with immigration enforcement. However, it should be noted that much of that program was decreed unconstitutional by the Courts already.
- Enforcement Priorities: The Order also sets enforcement priorities, which focuses on criminal conduct, but includes in that criminal conduct, those who have violated immigration laws, which basically includes everyone in the US illegally. We have to wait and see how this is interpreted by officers to see what it will mean in practice.
- Recalcitrant Countries: The Order also seeks to negotiate with Countries that refuse to take their citizens that we try to deport to get them to accept such persons.
- Additional Immigration Officers: The Order also states that 10,000 new immigration officers should be hired – again, this will require additional allocations by Congress.
- Civil Fines and Penalties: The Order requires officers to try and get all fines and penalties allowed under the INA for immigration violations.
- Office for Victims of Crimes Committed by Removable Aliens: The Order also requires USCIS to start keeping track of crimes committed by removable aliens and to release such reports to the public.
I have tried to give you an idea of what all the major provisions of both orders are, but have just summarized them. If you have any questions, please let me know.