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Original Date Announced
January 23, 2025Acting Secretary of Homeland Security Benjamine Huffman issued a memorandum to ICE, CBP, and USCIS titled, "Guidance Regarding How to Exercise Enforcement Discretion."
For any noncitizen DHS is aware of who is amenable to expedited removal (ER) for whom ER has not been applied, the memo directs DHS to "[t]ake all steps necessary to review the alien's case and consider, in exercising you enforcement discretion, whether to apply expedited removal. This may include steps to terminate any ongoing removal proceeding and/or any active parole status."
For any noncitizen DHS is aware of who does not meet the above conditions but who has been granted parole "under a policy that may be paused, modified, or terminated immediately" pursuant to the January 20 memorandum, "Exercising Appropriate Discretion Under Parole Authority," the memo directs DHS to "[t]ake all steps necessary to review the alien's case and consider, in exercising you enforcement discretion, whether any such alien should be placed in removal proceedings; and review the alien's parole status to determine, in exercising your enforcement discretion, whether parole remains appropriate in light of any changed legal or factual circumstances."
DHS personnel are authorized by the memorandum to "prioritize aliens eligible for expedited removal who failed to apply for asylum within the statutory deadline.
Trump 2.0 [ID # 1447]
2025.02.23 Guidance Regarding How to Exercise Enforcement DiscretionEffective Date
January 23, 2025Current Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Enforcement Interior Humanitarian Asylum, Withholding and CATAssociated or Derivative Policies
- January 20, 2025 EO: "Securing Our Borders"
- January 21, 2025 DHS Expands Expedited Removal to the Maximum Extent Authorized by Statute
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
Guidance Regarding How to Exercise Enforcement Discretion
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Commentary
Original Source:
Salazar Letter on CHNV Enforcement Guidance
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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
Commentary
2025.01.24 Salazar Letter on CHNV Enforcement Guidance
Congresswoman Maria Elvira Salazar (R-FL) letter to DHS in response to the memo described in this entry urging that "all Cubans paroled in under the CHNV [Cuban, Haitian, Nicaraguan, and Venezuelan] program eligible for or with pending applications for the Cuban Adjustment Act are protected from deportation" until their cases are resolved. She also states that "Venezuelans, Nicaraguans, and Haitians who arrived under the CHNV program, have no criminal record, and have applied for asylum through the proper legal channels, should also be protected until their cases are fully resolved."
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