Exclusive: Department of Homeland Security The Department of Homeland Security (DHS) on Monday issued memos to roll back restrictions on Immigration and Customs Enforcement (ICE) officers imposed by former Homeland Security Secretary Alejandro Mayorkas — and review the use of humane parole to accept immigrants.
The first memo, a draft of which Fox News reviewed, rescinds a 2021 memo submitted by Mayorkas, which provided an expanded list of areas considered “sanctuary zones” where ICE cannot participate in immigration enforcement. She said the policy is designed to ensure that its implementation does not limit people's “access to essential services or participation in essential activities.”
These areas include schools, universities, health care facilities, places of worship, “children's gathering places,” social service organizations, food banks, religious or civic ceremonies, disaster or emergency response centers, and relief centres.
“In the pursuit of justice, including carrying out our enforcement responsibilities, we impact people's lives and advance the well-being of our country in the most essential ways. As a result, when conducting an enforcement action, ICE agents and officials must Borders (ICE) Mayorkas said in a statement at the time: “First examine and consider the impact of where actions may take place, their impact on people, and broader societal interests.”
President Trump delivers the second executive order during the inaugural parade inside Capital One Arena on the day of his second presidential inauguration, in Washington, D.C., on January 20, 2025. (Reuters/Carlos Barria)
The memo issued Monday overturned that guidance and said common sense should be used instead.
“Going forward, law enforcement officers must continue to use this discretion along with a healthy dose of common sense,” the new memo said. “However, it is not necessary for the head of the agency to set clear rules regarding where enforcement of our immigration laws is permitted.”
ICE agents who spoke to Fox News said they believe rescinding Mayorkas' order will free them to go after more illegal immigrants, because illegal immigrants have so far been able to hide near schools and churches and avoid arrest.
A separate memo, also reviewed by Fox, focuses on the use of humanitarian parole, which the Biden administration has used extensively to allow hundreds of thousands of immigrants to enter the United States, including nearly 1.5 million through CBP One and immigrant parole operations. . Citizens of Cuba, Haiti, Nicaragua, and Venezuela (CHNV.) The administration also launched parole programs for citizens of Ukraine and Afghanistan.
The memo notes that the law requires the use of the authority “on a case-by-case basis,” which Republican critics claim the administration has abused. He stresses that conditional release is a “limited use power, which only applies in a very narrow set of circumstances.”
ICE agents conduct an enforcement operation in the interior of the United States on June 2, 2022. (immigration and customs)
It also claims that “executive power has repeatedly abused it over the past several decades in ways that are grossly inconsistent with the law.”
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“More importantly, the Parole Act does not permit categorical parole programs that make aliens eligible by default on the basis of a set of broadly applicable criteria,” she says.
The note directs Chiefs (ICE) and Customs and Border Protection (CBP) to compile and review a list of parole-related instructions, policies, and procedures and formulate a plan to phase out any that do not comply with the law.
They will then report to the Secretary of the Department of Homeland Security, discontinuing, modifying, or terminating any programs that they believe are not properly activated, and that they may do so in a manner consistent with laws, regulations, and court orders.
The memos came just hours after Trump signed a slew of 10 executive orders related to the border, including orders to deploy the military to the border, end Biden's parole programs and end… Citizenship by birth For children of illegal immigrants.
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The orders also declare a state of national emergency and order the resumption of construction of the wall on the southern border.
“All illegal entry will be stopped immediately,” Trump said moments after his inauguration. “And we will begin the process of returning millions and millions of foreign criminals to the places from which they came.”
