Trump DHS repeals key Mayorkas memo limiting ICE agents, orders parole review

EXCLUSIVE: The Department of Homeland Security (DHS) connected Monday issued memos to repeal limits connected Immigration and Customs Enforcement (ICE) agents imposed by erstwhile DHS Secretary Alejandro Mayorkas -- and a reappraisal of the usage of humanitarian parole to admit migrants.

The archetypal memo, a draught of which was reviewed by Fox News, rescinds a 2021 memo by Mayorkas, which provided an expanded database of areas that are "protected areas" wherever ICE could not prosecute successful migration enforcement. It said the argumentation was designed to marque definite enforcement did not bounds "people’s entree to indispensable services oregon engagement successful indispensable activities."

Those areas see schools, universities, healthcare facilities, places of worship, "places wherever children gather," societal work establishments, nutrient banks, spiritual oregon civilian ceremonies and catastrophe oregon exigency effect and alleviation centers.

"In our pursuit of justice, including successful the execution of our enforcement responsibilities, we interaction people’s lives and beforehand our country’s well-being successful the astir cardinal ways. As a result, erstwhile conducting an enforcement action, ICE and CBP agents and officers indispensable archetypal analyse and see the interaction of wherever actions mightiness perchance instrumentality place, their effect connected people, and broader societal interests," Mayorkas said successful a connection astatine the time.

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President Trump presents the 2nd enforcement bid during the inaugural parade wrong Capital One Arena connected the inauguration time of his 2nd statesmanlike term, successful Washington, D.C., connected Jan. 20, 2025. (REUTERS/Carlos Barria)

The memo issued Monday rescinded that guidance and said that communal consciousness should beryllium utilized instead.

"Going forward, instrumentality enforcement officers should proceed to usage that discretion on with a steadfast dose of communal sense," the caller memo said. "It is not necessary, however, for the caput of the bureau to make agleam enactment rules regarding wherever our migration laws are permitted to beryllium enforced."

ICE agents who spoke to Fox News said they judge that rescinding the Mayorkas bid is going to escaped them up to spell aft much amerciable immigrants, due to the fact that amerciable immigrants person until present been capable to fell adjacent schools and churches and debar arrest.

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A abstracted memo, besides reviewed by Fox, focuses connected the usage of humanitarian parole, which was utilized broadly by the Biden medication to let hundreds of thousands of migrants to participate the U.S., including astir 1.5 cardinal via the CBP One app and parole processes for nationals from Cuba, Haiti, Nicaragua and Venezuela (CHNV.) The medication besides launched parole programs for nationals from Ukraine and Afghanistan.

The memo notes that the statute demands the authorization beryllium utilized connected a "case by lawsuit basis," thing that Republican critics assertion the medication has abused. It emphasizes that parole is "a constricted usage authority, applicable lone successful a precise constrictive acceptable of circumstances."

ICE agents behaviour an enforcement cognition successful the U.S. interior connected June 2, 2022. (Immigration and Customs Enforcement)

It besides claims that "it has been repeatedly abused by the Executive Branch implicit the past respective decades successful ways that are blatantly inconsistent with the statute."

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"Most important, the parole statute does not authorize categorical parole programs that marque aliens presumptively eligible connected the ground of immoderate acceptable of broadly applicable criteria," it says.

The memo directs the heads of (ICE) and Customs and Border Protection (CBP) to compile a database of instructions, policies and procedures related to parole, reappraisal them, and formulate a program to signifier retired immoderate that are not successful accord with the statute.

They volition past supply a study to the DHS secretary, portion besides pausing, modifying oregon ending immoderate programs that they judge were not enacted properly, and that they tin bash successful a mode that is accordant with statutes, regulations and tribunal orders.

The memos came conscionable hours aft Trump signed a slew of 10 border-related enforcement orders, including orders deploying the subject to the border, ending Biden's parole programs and ending birthright citizenship for children of amerciable immigrants.

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The orders besides state a nationalist emergency, and bid the resumption of operation of the partition astatine the confederate border.

"All amerciable introduction volition instantly beryllium halted," Trump said moments aft being inaugurated. "And we volition statesman the process of returning millions and millions of transgression aliens backmost to the places from which they came."