\n- Can be removed from the country, OR<\/li>\n
- Must be released lawfully, OR<\/li>\n
- Can acquire a U.S. visa, green card or citizenship, OR<\/li>\n
- Are deemed to credibly fear persecution, OR<\/li>\n
- Are awarded parole.<\/li>\n<\/ul>\n<\/ol>\n
Due to lack of staff (including judges) available at borders, these arrests will initially be prioritized based on threat to society and flight risk. Once staffing levels are adequate, detention increases will follow.
\nWhile the guidelines require a dramatic increase in detention, they do not cover where these immigrants will be housed.
\nThe U.S. ICE currently has 34,000 spaces in detention centres and still manages to hold up to 50,000 people per day, above capacity. Conservative estimates suggest the new guidelines could see 200,000 arrests per day.
\nSome $2 billion in taxpayer money is already spent on detention. A required six-fold increase in capacity is dramatically outside that budget.
\nThe guidance suggests mass hiring of border officers and judges would be required, despite another Trump executive order freezing government hiring.
\nImmigration judges are also in short supply, with the U.S. Department of Justice already failing to meet hiring targets.
\nAside from practical issues, the guidance raises humanitarian problems with no exemption for children, the elderly, the disabled, or pregnant women.<\/li>\n
- \n
Strict application of expedited removal<\/h3>\n
Expedited removal gives DHS the power to remove anyone without legal status not continuously present for two years no matter where they are in the U.S. The guidelines suggest this power will be exercised to its full capacity.
\nUnder the previous administration, the policy was used for illegal immigrants found inside 160km of the border and inside 14 days since they entered the U.S. It also covered those arriving by sea and not through a designated entry port.
\nThe broadening of this scope could mean illegal immigrants who have been in the U.S. for significant periods of their lives could suddenly find themselves subject to expedited removal.
\nIt means anyone without the necessary documents when they are arrested could find themselves removed from the U.S.
\nThis can happen within 24 hours and without hearing or legal representation.<\/li>\n
- \n
What constitutes \u2018credible fear\u2019?<\/h3>\n
While the document does not change what constitutes \u2018credible fear\u2019 under U.S. law, it does suggest the current definition will be enforced in a more restricted way.
\n\u2018Credible fear\u2019 determines whether an asylum seeker faces persecution if they are returned to their home country.<\/li>\n
- \n
Thousands more border patrol staff<\/h3>\n
The guidelines require the hiring of 5,000 new border patrol agents (not including asylum officers and immigration judges). It also calls for 500 more air and marine patrol staff.
\nThe agency responsible, the U.S. CBP, currently has a staffing target of 21,370 officers, which it cannot meet.<\/li>\n
- \n
Taking aim at trafficking of children<\/h3>\n
The DHS guidelines call for strict enforcement of laws against smugglers who aid in trafficking children into the U.S.
\nIt says undocumented family members already in the U.S. who hire smugglers are breaking U.S. law.
\nHowever, there is a lack of language in the guidance accounting for what drives families to subject their children to people trafficking, such as conflict in their home countries.<\/li>\n
- \n
Local-level law enforcement to enforce federal immigration law<\/h3>\n
The guidelines instruct both the ICE and CBP to form agreements with state and local departments to enforce federal immigration law, particularly near the Mexican border.
\nEvidence shows using local police to enforce federal law causes trust issues between officers and immigrants.
\nThere is also concern the broad terminology used for state law enforcement could mean the national guard being deployed. Further evidence of Trump\u2019s intent to use the national guard has been leaked in the U.S. media.<\/li>\n
- \n
What constitutes an unaccompanied minor?<\/h3>\n
U.S. authorities are instructed to produce instructions and offer training on how to \u2018process\u2019 unaccompanied minors when they arrive at the border.
\nAdjudication of asylum claims from minors and how to safely repatriate them are also to be included in the instructions and training.
\nThe DHS document wants unaccompanied minors to be assessed to ensure they continue to meet the requirements for the special status as they are processed.
\nThe overriding fear is that many children who arrive at the border who would previously have been protected under U.S. law will now be removed from the country after a short hearing. This comes down to a restriction of what constitutes an unaccompanied child.
\nChildren could also be removed without ever coming before a judge.<\/li>\n
- \n
Sources of Mexico aid<\/h3>\n
Guidelines call on the heads of every U.S. government executive department to detail direct and indirect aid provided to the Mexican government, as Trump looks for ways to pay for his border wall.<\/li>\n
- \n
Limiting use of parole<\/h3>\n
Language in the guidelines suggests the use of parole for immigration detainees will be significantly limited.
\nIt criticizes the current implementation for using \u2018pre-designated categories\u2019, designed to protect vulnerable people, but which it says have resulted in a \u2018border security crisis\u2019.
\nIt calls for parole officers to be given new training on how to interpret the guidelines, and that future decisions should be on a case-by-case basis.<\/li>\n
- \n
Making border security statistics available<\/h3>\n
Guidelines state that statistics related to the border security crackdown should be publicly available in an easy-to-understand format.
\nThe latest policies confirm Trump\u2019s objective to prove he is keeping promises made during the U.S. election campaign.<\/li>\n<\/ol>\n","protected":false},"excerpt":{"rendered":"
New guidelines from the U.S. Department of Homeland Security (DHS) call for the mass arrest and detention of undocumented immigrants regardless of whether they have criminal convictions. The document, issued by DHS Secretary John Kelly on February 17, 2017 and which calls for the hiring of thousands of enforcement personnel, outlines how the federal government…<\/p>\n","protected":false},"author":16,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[],"tags":[],"class_list":["post-23444","post","type-post","status-publish","format-standard","hentry","description-off"],"acf":[],"_links":{"self":[{"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/posts\/23444","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/users\/16"}],"replies":[{"embeddable":true,"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/comments?post=23444"}],"version-history":[{"count":0,"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/posts\/23444\/revisions"}],"wp:attachment":[{"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/media?parent=23444"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/categories?post=23444"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/immigration.ca\/fr\/wp-json\/wp\/v2\/tags?post=23444"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
![\"US](\"https:\/\/immigration.ca\/wp-content\/uploads\/2017\/02\/flag-973746_640-300x190.jpg\" "\\"US")
The document, issued by DHS Secretary John Kelly on February 17, 2017 and which calls for the hiring of thousands of enforcement personnel, outlines how the federal government plans to tackle illegal immigrants in the United States.<\/p>\n