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Reported: DHS signed agreements with states self-imposing six-month notice-and-comment period

  1. Date Announced

    Jan. 15, 2021

    According to BuzzFeed, DHS signed so-called "Sanctuary for Americans First Enactment Agreement (SAFE)" with Arizona, Louisiana, Indiana, and the Rockingham County Sheriff’s Office in North Carolina, detailing DHS's requirement to give states 180 days for notice and comment on any new regulations before implementation, among other provisions. [ID# 1309]

    See Biden administration actions below.

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  3. Biden Administration Action

    February 2, 2021

    This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.

    On Feb. 2, 2021, DHS sent a letter to the Attorney General of Arizona, rescinding and declaring void the SAFE Agreements. The letter articulates DHS's position that the agreements are "void, not binding, and unenforceable," and that notwithstanding that fact, "DHS, CBP, ICE and USCIS rescinds, withdraws, and terminates" the agreements effective immediately.

    A similar letter was sent to the Texas AG (see above), and both letters were made publicly available as exhibits to a filing in the ongoing Texas v. United States litigation concerning the 100-day deportation freeze.

    2021.02.02 DHS Letter to AZ AG Brnovich
  4. Biden Administration Action

    February 2, 2021

    This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.

    On Feb. 2, 2021, DHS sent a letter to the Attorney General of Texas, rescinding and declaring void the SAFE Agreements. The letter articulates DHS's position that the agreements are "void, not binding, and unenforceable," and that notwithstanding that fact, "DHS, CBP, ICE and USCIS rescinds, withdraws, and terminates" the agreements effective immediately.

    A similar letter was sent to the Arizona AG (see below), and both letters were made publicly available as exhibits to a filing in the ongoing Texas v. United States litigation concerning the 100-day deportation freeze.

    DHS Letter to Texas AG Rescinding SAFE Agreements

Commentary

Biden Admin. Ditches Texas, Ariz. Immigration Deals With DHS

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