Efforts by ICE to engage these victims have been hampered by prior Department of Homeland Security (DHS) policy extending certain Privacy Act protections to persons other than USA citizens and lawful permanent residents, leaving victims feeling marginalized and without a voice. Secretary John Kelly signed a series of memos that were distributed among agency chiefs on Friday and would, among other things, expand by hundreds of thousands the number of immigrants who could be subject to expedited removal from the country.
Kelly issued the memorandum pursuant to President Donald Trump's January 27 executive order on immigration.
Trump has publicly wavered on whether to deport the Dreamers, and the White House has identified ways to remove them from the us without Trump's fingerprints.
The Department of Homeland Security issued two memos Tuesday morning that could expand the number of immigrants detained or deported.
The memo also calls for immediately hiring 5,000 additional Border Patrol agents, asks Homeland Security to identify all sources of federal aid to Mexico over the last five years and calls for the agency to identify and allocate all sources of available funding for the planning, design, construction, and maintenance of a border wall. The memo on internal enforcement specifically states that the one active executive amnesty program implemented under President Obama, Deferred Action for Childhood Arrivals (DACA), is not affected by President Trump's executive order. A Homeland Security official, in a briefing with reporters Tuesday, said Obama's order will be honored as long as they follow the program's rules. Those who do so are not specifically included in the priority list but, under the memos, they are still more likely to face deportation than they had been before.
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"Of those arrested, approximately 75 percent were criminal aliens, convicted of crimes including, but not limited to, homicide, aggravated sexual abuse, sexual assault of a minor, lewd and lascivious acts with a child, indecent liberties with a minor, drug trafficking, battery, assault, DUI and weapons charges, " Kelly said.
One of the memos says that Mr. Trump has directed the heads of all executive departments to identify and quantify all sources of direct and indirect US federal aid or assistance to the government of Mexico.
New Mexico has at least three detention facilities specifically designated to hold undocumented immigrants, one each in Torrance, Cibola and Otero counties. One of the memos says that foreigners sent back to Mexico would wait for their USA deportation proceedings to be complete.
The directives indicate that some young people caught crossing the border illegally by themselves may not be eligible for special legal protections if they are reunited with parents in the United States.
The new regulations, The Hill pointed out, "also restore programs for local law enforcement collaboration with federal authorities that were tabled under the Obama administration because of concerns that they violated due process or were a hindrance to local authorities".