DHS Issues Sweeping New Rules On Deportation Of Illegal Immigrants

Tyler Durden's picture

The Department of Homeland Security released on Tuesday documents translating President Trump’s executive orders on immigration and border security into policy, providing details on how it will prosecute undocumented immigrants and criminal immigrants, repealing nearly all of the Obama administration's guidances, and bringing a major shift in the way the agency enforces the nation’s immigration laws.

As the WSJ notes, "almost everybody living in the U.S. illegally is now subject to deportation, and more undocumented arrivals at the southern border would be jailed or sent back to Mexico to await a hearing rather than released into the U.S." according to the new guidance.

“The Department no longer will exempt classes or categories of removable aliens from potential enforcement,” the enforcement memo says. “Department personnel have full authority to arrest or apprehend an alien whom an immigration officer has probable cause to believe is in violation of the immigration laws.”

Secretary John Kelly's two memos expand raids and the definition of criminal aliens, while diminishing sanctuary areas and enlisting local law enforcement to execute federal immigration policy. 

The memos still outline priority groups, starting with serious criminals. But the priorities are much broader and include people charged with crimes who haven’t been convicted, people guilty only of immigration-related crimes such as using false documents, and anybody who an immigration officer believes is a risk to public safety.

While DHS officials said they wouldn’t target otherwise law-abiding undocumented immigrants and don’t plan roundups of illegal immigrants, and said their limited resources would still require a focus on those people who pose a public-safety risk, they also said that people who don’t fall into a priority group aren’t exempt from deportation, and the DHS memo says exceptions would be made on a case-by-case basis.

Previously, under Obama guidelines, undocumented immigrants convicted of serious crimes were the priority for removal. Now, immigration agents, customs officers and border patrol agents have been directed to remove anyone convicted of any criminal offense. That includes people convicted of fraud in any official matter before a governmental agency and people who “have abused any program related to receipt of public benefits.” The only Obama-era guidances left in place were those relating to undocumented immigrants brought to the United States as children.

According to the NYT, the policy also calls for an expansion of expedited removals, allowing Border Patrol and Immigration and Customs Enforcement agents to deport more people immediately. Under the Obama administration, expedited removal was used only within 100 miles of the border for people who had been in the country no more than 14 days. Now it will include those who have been in the country for up to two years, and located anywhere in the nation. The change in enforcement priorities will require a considerable increase in resources. With an estimated 11 million people in the country illegally, the government has long had to set narrower priorities, given the constraints on staffing and money.

Some more details from the NYT:

In the so-called guidance documents released on Tuesday, the department is directed to begin the process of hiring 10,000 new immigration and customs agents, expanding the number of detention facilities and creating an office within Immigration and Customs Enforcement to help families of those killed by undocumented immigrants. Mr. Trump had some of those relatives address his rallies in the campaign, and several were present when he signed an executive order on immigration last month at the Department of Homeland Security.


The directives would also instruct Immigration and Customs Enforcement, as well as Customs and Border Protection, the parent agency of the Border Patrol, to begin reviving a program that recruits local police officers and sheriff’s deputies to help with deportation, effectively making them de facto immigration agents. The effort, called the 287(g) program, was scaled back during the Obama administration.

The memos were decried by immigration advocates, and face resistance from many states and dozens of so-called sanctuary cities, which have refused to allow their law enforcement workers to help round up undocumented individuals.

“These memos lay out a detailed blueprint for the mass deportation of 11 million undocumented immigrants in America,” Lynn Tramonte, Deputy Director of America’s Voice Education Fund, said Tuesday in a statement. “They fulfill the wish lists of the white nationalist and anti-immigrant movements and bring to life the worst of Donald Trump’s campaign rhetoric.”

Senior Homeland Security officials told reporters Tuesday morning that the directives were intended to more fully make use of the enforcement tools that Congress has already given to the department to crack down on illegal immigration. The officials emphasized that some of the proposals for increased enforcement would roll out slowly as the department finalizes the logistics and legal rules for more aggressive action.

According to Bloomberg, the memos could further inflame tensions between the U.S. and Mexico, which has advised its citizens living in the U.S. to take precautions in the face of Trump’s new immigration policy. DHS is considering employing a rarely used law to return people who traveled to the U.S. illegally through Mexico back into Mexico, even if they are not Mexican nationals. Officials said that returning Central American refugees to Mexico to await hearings would be done only in a limited fashion, and only after discussions with the government of Mexico, which however would most likely have to agree to accept the refugees.

While nothing in the directives would change the program known as Deferred Action for Childhood Arrivals, which provides work permits and deportation protection for the young people commonly referred to as Dreamers, officials made clear that the department intended to aggressively follow Mr. Trump’s promise that immigration laws be enforced to the maximum extent possible, marking a significant departure from the procedures in place under President Barack Obama.

That promise has generated fear and anger in the immigrant community, and advocates for immigrants have warned that the new approach is a threat to many undocumented immigrants who had previously been in little danger of being deported.

Meanwhile Trump, who said during his campaign that he would cancel the program, has since changed his stance, calling those covered by DACA “incredible kids.” “The DACA situation is a very, very -- it’s a very difficult thing for me because you know, I love these kids,” Trump said at a Feb. 16 press conference. “I find it very, very hard doing what the law says exactly to do and you know, the law is rough.”

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ejmoosa's picture

What a concept!

Enforcing the laws after decades of ignoring them!

Thank you President Trump!

Mercury's picture

"...almost everybody living in the U.S. illegally is now subject to deportation, and more undocumented arrivals at the southern border would be jailed or sent back to Mexico to await a hearing rather than released into the U.S." 


How screwed up is it that the second part of that senetence even needs to be breathlessly spelled out?

If we are collectively unhappy with that law then We The People should change the law(s).


Otherwise....that's what 'rule of law' means.

mtl4's picture

Send them gang bangers back on the first busses south..........that would probably clear out most of Kalifornia in the process.

The_Juggernaut's picture

There's the door, motherfuckers.  Seeya!

froze25's picture

Oh, so you voted illegally? See ya!

wren's picture

Start in California and other states that allow illegal immigrants to vote so we can get back to real elections.

Yog Soggoth's picture

There are probably some cool Californians left here and there. They only send the turds out East, so I don't know. I bet they have felt like a minority in their own State for so long they stopped voting. 11 million? I have been hearing that fake number for a long time now and I really doubt the statement. Every illegal woman in Florida has 3 to 6 children average, and we have them from every country on the planet it seems, but I guess we aren't supposed to count the those kids as census?

Hooter Shaker's picture

When they are shipped out, they need to be dropped off at the farthest point in south Mexico....Not dropped off in Tijuana or Juarez, etc...

ZD1's picture

There has to be a least 11 million illegals in Commiefornia with a couple million or more in Lost Angeles.

Escapeclaws's picture

This has to be a disaster for Hilarity's 2020 presidential prospects. Trump must be doing this with that in mind, given that Hilarity is so popular with the American people. The Donald knows he wouldn't have a chance with those California motor voters arrayes aginst him.

This is a giant sarc tag. I can't find a way to make it blink on and off: sarc

Bush Baby's picture

Fine the countries $10,000 for each of their citizens here illegally

Great way to pay for the wall



BigJim's picture

 "Now, immigration agents, customs officers and border patrol agents have been directed to remove anyone convicted of any criminal offense."

What, any criminal offense? Like being in the country illegally?

Moe Howard's picture

Catch-22, Illegal Alien provision.

mosfet's picture

Thank You.  Illegal Alien is the Correct term here, not undocumented immigrant.  Immigration infers there was some sort of due process upon entering the country when there was none.  And 'undocumented' is of course a self-explanatory farce.  This is no different than calling a thief who shoplifts an Undocumented Purchaser.  The goods weren't 'Purchased' they were Stolen, no different than an illegal alien who didn't 'Immigrate'.

Chris Dakota's picture
Chris Dakota (not verified) BigJim Feb 22, 2017 8:29 AM

80% of Americans are against sanctuary cities.

one problem is sanctuary city does not exist so legally you can't withhold funds

you can however charge anyone to provides safe haven, even churches, even on a public street.

HellFish's picture

I've always thought we should bill the home country for all illegal costs - school?  $50K bill to mexico; $200K bill in the ER - send the bill to mexico; Jail time for crime - send the bill to Mexico.  Sooner or later mexico will just ask for everyone back because it's cheaper.  Mexico refuses to pay?  Take land or assets.

RedBaron616's picture

How exactly do you propose to get the money from these countries? War? Not exactly like these countries are super rich or anything. Try thinking things through before popping off the first thing that comes to mind.

MrBoompi's picture

They can do what we do.  Borrow it.  You seem to think these countries are innocent or something.  

True Blue's picture

Just take the applicable fines and fees directly from the billions in 'foreign aid' Uncle $am so kindly dishes out from our wallets every year. Start with the $50 million+ Mexico gets gratis from the US taxpayer every year.

Ex-Oligarch's picture

Well, how about offsetting against foreign aid or other inter-governmental transfers?  Or collecting against foreign state assets held in the US?  Yes, this invites reciprocal action, and who knows if it's possible under existing treaties.  However, it also would incentivize foreign states to stop facilitating illegal entry of their citizens into the US.

Quite apart from foreign state assets, at least some of the enforcement costs could be recovered by confiscating assets of deported immigrants.  Undocumented immigrants are not all indigent:  many own businesses, have bank accounts, own automobiles, tools, equipment, even real property that would provide a source of recovery. 

keep the bastards honest's picture

Those people have been working, likely poorly paid and accumuled by saving.. sound like good hard working citizens  the US could  do with... just look at  the fat slobs who constitute too many maericans. Sure send back but let them take their stuff, sell businesses and treat them honestly.  Its a win-win. stop breeding hate. Most of the world hates americans.

undertow1141's picture

You deduct it from any foreign aid being sent to them. Like Mexico gets $320 Million in "aid". Send them a letter saying that the aid has been used to cover the costs incured by Mexican citizen in the US ILLEGALLY. 

That's one way.

MK13's picture

I'd just tax their imports to make up the difference between what they paid and what they owe. Country of transit - aka Mexico - can also be charged. Winning...

keep the bastards honest's picture

MY country could do with  refund from america. So could Ukriane of its gold, Libya of gold... goes on and on and on.

401K of Dooom's picture

I've seen reports that Mexico has up to one hundred tons of gold to back up it's currency.  We can start there.

SWRichmond's picture

Oh, so you voted illegally? See ya!

people who “have abused any program related to receipt of public benefits.”

Oh, you filed a tax return and got an "Earned Income Credit" back from the legal taxpayers even though you yourself paid no tax to begin with?  SEE YA. STOP FUCKING STEALING FROM ME.

Déjà view's picture

Si Señor...nuevo broom always 'sweeps' better...gracia$$...

BarkingCat's picture

And tons of these assholes do it.

mind reset's picture
mind reset (not verified) BarkingCat Feb 22, 2017 8:02 AM

I'm making over $7k a month working part time. I kept hearing other people tell me how much money they can make online so I decided to look into it. Well, it was all true and has totally changed my life. This is what I do... http://bit.ly/2jdTzrM

Jethro's picture

Buses? Drop them off Pinochet-style.

Never One Roach's picture

There are no buses available; Soros have them tied up for the next ten years busing his terrorists from city to city.

Trucker Glock's picture

At a glance, I thought that said trebuchet-style.

RiverRoad's picture

Put the LEGAL back in illegal.

keep the bastards honest's picture

exactly. 1000 us bases in other peoples countrys. Take them home please Trump.

MFL5591's picture

The Mexican govermnet is the problem and reason those people are ven here and they ta;lk about Triump like enforcing the laws is wrong?  The Mexican people live in poor conditopns because 99% of the wealth is held by the friends of the govemrnt, they treat their own pwoplw like slaves.  No differnmt than Obama!

wren's picture

It's like saying, "Those illegally driving cars are now subject to having to ride the city bus," or, "Those who slam heroin are now subject to not having dope." What a concept...

LeftandRightareWrong's picture

Which US law enforcement officer wrote and implemented "catch and release" as public policy?

gespiri's picture

The problem is these immigration advocates who secretly make millions off these illegals and the businesses who profit from cheap labor.  Those two should be kicked out along with the rest of 'em.

ShorTed's picture

Exactly, about fucking time!

Oldwood's picture

Any illegal is subject to deportation?


It is only the failure of our government to ENFORCE the law that has created the ILLUSION that somehow they were exempt from persecution or law enforcement. I do understand the confusion as I'm sure that their ignorance lead them to believe that by simply migrating to the progressive camp it would somehow automatically make all laws null and void....but them again, if they had actually pursued legal citizenship, they might have understood the law and might have ALSO understood that progressives are anti-law...that THEIR law is one that is created for specific purpose and instance, NOT equal justice, but to be used to provide retribution for past injustices, while not actually caring about anyone or thing beyond their selves and agenda.

j0nx's picture

I tried to warn the liberals I know that when that pendulum swings back it would be epic. Here we are. The liberal tears and selective MSM reporting of deportations will be delicious. All it will do is piss the rest of us off that much more. I'd venture to guess that educating the kids of illegals alone is costing us as a nation hundreds of billions of dollars a year. Technically sending your kids to school if you are illegal should constitute a deportable crime by abusing the welfare of this country. There are a lot of ways to view that if you are so inclined.

ejmoosa's picture

Can we be reimbursed for all the taxpayer support received while here illegally as well?

As a Libertarian I am constantly told I have to be for Open Borders.

Not when it comes with a claim to my tax dollars I don't!!!

918pigpen's picture


What are we waiting on?

RafterManFMJ's picture

Open borders, free trade. Libertarianism really is a failed, utopian idealogy. Been there, done that. May I recomment the Alt-Right if you're interested in getting your head on straight?