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Exclusive: The Department of Homeland Security (DHS) on Monday lifted restrictions on Immigration and Customs Enforcement (ICE) agents imposed by former DHS Secretary Alejandro Mayorkas and reviewed its use of humanitarian parole to admit immigrants. Published a memo.
The first memo, a draft of which was reviewed by FOX News, rescinds Mayorkas’ 2021 memo that provided an expanded list of “sanctuary” areas where ICE cannot conduct immigration enforcement. The policy said it aims to ensure enforcement does not restrict “people’s access to essential services or participation in essential activities.”
These areas include schools, universities, health facilities, places of worship, “children’s gathering places,” social services, food banks, religious or civil ceremonies, and disaster or emergency response and relief centers.
“In the pursuit of justice, including in the fulfillment of our enforcement responsibilities, we impact people’s lives and advance the well-being of our nation in the most fundamental ways.As a result, when taking enforcement actions, ICE and CBP Officers and staff should: “first examine and consider the impact of where the action may be taken, the impact on people, and the broader societal benefits.” Mayorkas said in a statement at the time.
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President Trump presents his second executive order during the inaugural parade inside Capital One Arena on the day of his second presidential inauguration in Washington, DC, January 20, 2025 (Reuters/Carlos Barria)
A memo issued Monday says that guidance is being rescinded and that common sense should be followed instead.
“Law enforcement officers should continue to exercise their discretion with sound common sense,” the new memo says. “However, there is no need for the head of the agency to create clear rules regarding the areas in which immigration law enforcement is permitted.”
ICE officials who spoke to Fox News said they would be free to pursue more illegal immigrants if Mayorkas’ order is rescinded, as illegal immigrants have previously been able to hide near schools and churches to evade arrest. He said he believed it would be.
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Another memo, also seen by FOX, focuses on the use of humanitarian parole. This parole was used extensively by the Biden administration to allow hundreds of thousands of immigrants into the United States, including nearly 1.5 million through the CBP One app and parole process. Nationals of Cuba, Haiti, Nicaragua, and Venezuela (CHNV). The administration also launched a parole program for citizens of Ukraine and Afghanistan.
The memo says the law calls for powers to be used on a “case-by-case” basis, which Republican critics say the administration is abusing. The law emphasizes that parole is a “limited use power and applies only in very limited circumstances.”
ICE officers conduct enforcement operations in the interior of the United States on June 2, 2022. (Immigration control and customs enforcement)
It also claims that it has been “repeatedly abused by the executive branch over the past several decades in ways that are clearly inconsistent with this statute.”
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“Most importantly, the Parole Act does not authorize a categorical parole program that would make aliens presumptively eligible based on certain broadly applicable criteria.” states.
This memo urges the commissioners of ICE and Customs and Border Protection (CBP) to develop a list of instructions, policies, and procedures related to parole, review them, and phase out noncompliance with the law. It has been instructed to formulate a plan to abolish the system. .
We may then submit a report to the Secretary of DHS and also suspend, modify, or terminate programs that we believe are not properly established, consistent with statutes, regulations, and court orders. .
The memo comes just hours after President Trump signed 10 border-related executive orders, including ordering troops to the border, ending Biden’s parole program, and ending birthright citizenship for children of undocumented immigrants. Announced.
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The order also declared a national emergency and ordered construction on the southern border wall to resume.
Immediately after taking office, President Trump said, “All illegal immigration will cease immediately.” “And we will begin the process of putting millions of criminal aliens back where they belong.”
Adam Shaw is a political reporter for Fox News Digital, primarily covering immigration and border security.
Contact him at adam.shaw2@fox.com or at: Twitter.
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