Immigration Courts embrace Trump’s New Immigration Policies.
It is becoming obvious to us that the Immigration Courts
have changed policies following the issuance of the DHS Enforcement Memos
. No changes have been announced by the federal agency, EOIR, in charge of the conduct of Immigration Courts, but the change is evident.All those with cases before the Immigration Judge should be aware that there will be no tolerance to deviations from Orders of the Judge. This would include any motions filed with the Judge.
We've seen the AILA Summary
for the Memo "Enforcement of the Immigration Laws to Serve the National Interest"
. It "directs DHS personnel to make full use of all statutory authorities to remove aliens expeditiously." I do see a new February 2017 memo on the EOIR web page, entitled "observing Immigration Court Hearing
", and it does appear the EOIR manual was updated in February 2017.EOIR
: The Executive Office for Immigration Review (EOIR) administers the nation's immigration laws through court proceedings, appellate reviews, and administrative hearings.
A.G. Sessions announces an end to "Catch and Release". For those of us legal practitioners, we've known about it for weeks!
Attorney General Jeff Sessions announced that U.S. Immigration enforcement agencies will stop the practice of releasing those aliens found inadmissible at the border. Currently, aliens who approach the border, "arriving aliens", are eligible to be released under the supervision (Parole) of the Department of Homeland Security. Parole is authorized under the Immigration Act in certain circumstances, limited to: Urgent Humanitarian Reasons, Significant Public Benefit, and those receiving a favorable "Credible Fear" determination from an asylum officer.
Specific examples of humanitarian reasons are reuniting with terminally ill family members, medical treatment, tending to family affairs of a deceased relative. The category of Significant public benefit may involve organ donations, or participation in civil litigation. The more common form has been those who receive a favorable credible fear finding from an asylum officer.
According to A.G. Sessions, the catch and release policy will end. In actuality, it ended soon after inauguration day, January 20th. Since that time, the exercise of parole by U.S. DHS has been rare; at least that's been the case near the Northern border.
DHS Establishes New Enforcement Policies
The Trump administration
has issued new enforcement guidelines following the Executive Order, parts of which were stayed by the Ninth Circuit Court of Appeals. The two DHS memos dated February 20, 2017, separately address Immigration enforcement at the Border
, and Enforcement priorities in the Interior
. They are meant to implement the Executive Orders issued by President Trump.read more...
Stephen K. Tills Attorney at Law
PO Box 635,6413 West Quaker Road, Orchard Park, New York. 14127-2354
T: 716.662.5080 Fax: 716.662.8475 E: email@example.com
©copyright 2007-2017 All rights reserved