/California Monitor


Lunes 27 de febrero de 2017 Viernes 1 de Abril 2011


DHS Implementation of the Executive Order on B • CBP is taking immediate action in response to the president’s executive order. GBP have identifi


Washington


To support the further need for increased detention capacity, parti- cularly along the Southwest Border, ICE is currently defining contracting requirements. A list of potential de- tention locations is under review, which would supply additional beds.


Q12: Will ICE still be hiring the 10,000 oficers called for in the executive orders?


A12: ICE is currently developing a hiring plan.


Q13: What is the 287(g) program and how will it be used by ICE?


O


n February 20, 2017, Secre- tary John Kelly


signed a memorandum implementing


the president’s Executive Order en- titled “Border Security and Immigra- tion Enforcement Improvements,” issued on January 25, 2017. This do- cument is designed to answer some frequently asked questions about how the Department will operationa- lly implement the guidance provided by the president’s order.


Q1. What is CBP currently doing as part of the construction of the wall?


A1. CBP is taking immediate action in response to the president’s exe- cutive order. We have identified lo- cations near El Paso, Texas, Tucson, Arizona, and El Centro, California (Calexico), where we will build a wall in areas where the fence or old britt- le landing-mat fencing are no longer effective.


The Border Patrol is also in the midst of an operational assessment, which will identify priority areas where CBP can build a wall or similar physical barrier on the border where it cu- rrently does not exist.


Q2. What does this assessment in- clude?


A2. CBP is considering the following factors:


• The current state of


southern border security •


• All geophysical and topo-


graphical aspects of the southern border


The availability of federal


and state resources necessary to achieve operational control of the southern border


This analysis will inform DHS’s stra- 28


Q7: Does the Alternatives to Deten- tion program fall under the umbrella of “catch and release” policies being abolished?


A7: No. The use of Alternatives to Detention, including the use of ankle monitors, will continue on a case-by- case basis at the discretion of the oficers on the ground.


Q8: What are ICE’s priorities under


Q11: What is ICE planning in terms of obtaining additional detention centers or bed space? Have any con- tracts or RFPs yet been drafted? How long will it take to obtain additional bed space? How much will it cost per bed/day? Where will they be located?


A11: Following the issue of this order, ICE has already increased its deten- tion capacity by approximately 1,100 beds.


Q3. How long will this assessment take?


A3. The executive order directs DHS to produce a comprehensive stu- dy of the security of the southern border within 180 days. However, the Border Patrol’s operational as- sessment should be completed well before the deadline.


Q4. Where will the initial construc- tion be located?


A4. As noted above, initial construc- tion of new infrastructure will focus on locations near El Paso, Texas, El Centro, California, and in Southern Arizona.


Q5. Will the new wall be uniform in design, scope, and function?


A5: The Border Patrol is in the midst of an assessment of the southern border to identify operational requi- rements to inform wall design deci- sions.


Q6. Do you have the funds to cons- truct the wall?


A6. CBP has identified funding to begin immediate construction and is working with the Administration in these efforts.


tegy to obtain and maintain opera- tional control of the southern border.


this executive order?


A8: Under the executive order, ICE will not exempt classes or categories of removable aliens from potential enforcement. All of those in violation of immigration law may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States. ICE and CBP priorities are realigned con- sistent with those set forth in section 5 of Executive Order 13768.


Q9: Will ICE deport people for driving without a license, since it’s often an immigration-related issue?


A9: All of those in violation of im- migration law may be subject to immigration arrest, detention and, if found removable by final order, re- moval from the United States.


Q10: What is the new goal for ICE’s detention capacity?


A10: Although detention space may be limited at times, ICE is committed to arresting and processing all remo- vable aliens. ICE agents and oficers will make individualized custody determinations in every case, priori- tizing detention resources on aliens subject to expedited removal and aliens removable on any criminal ground, national security or related ground or for fraud or material mis- representation.


A13: The 287(g) program allows local law enforcement agencies to parti- cipate as an active partner in identi- fying criminal aliens in their custody, and placing ICE detainers on these individuals. Removing criminal aliens from our communities produ- ces a higher level of public safety for everyone. To strengthen the 287(g) program, ICE field leadership has be- gun examining local operational ne- eds and liaising with potential 287(g) partners and will collaborate with CBP in these efforts. Existing 287(g) applications are also undergoing an expedited review process.


Q14: Are 287(g) oficers now going to do ICE’s job?


A14: The 287(g) program, one of ICE’s top partnership initiatives, enables state and local law enforcement agencies to enter into a partnership with ICE, under a joint memorandum of agreement. The state or local entity receives delegated authority for immigration enforcement within their jurisdictions.


Q15: When will 287(g) task force agreements be available to local jurisdictions? Will these new task force agreements be modeled after the previously canceled task force model?


A15: ICE and CBP will be is develo- ping a strategy to further expand the 287(g) Program, to include types of 287(g) programs, locations, and re- cruitment strategies. To strengthen the 287(g) Program, ICE field lea- dership has begun examining local operational needs and liaising with potential 287(g) partners and will collaborate with CBP in these efforts. Existing 287(g) applications are also undergoing an expedited review pro- cess. To support the training needed for existing and new 287(g) partners, ICE is updating the 287(g) training curriculum.


Q16: How will ICE accommodate an immigration judge in each of its fa- cilities? How about asylum oficers?


A16: ICE is working with the De- partment of Justice Executive Ofice


for Immigration Review and U.S. Ci- tizenship and Immigration Services to review current procedures and re- sources in order to identify eficien- cies and best practices to improve the system. Most dedicated deten- tion facilities already house immigra- tion courts and have enough space to accommodate asylum oficers. ICE is also seeking to increase the use of technology, mainly through the use of video teleconferencing, in locations with insuficient space or stafing.


Q17: What are you doing to reduce the reach of violent crime and trans- national criminal organizations?


A17: To better target gang members responsible for violent crime and transnational criminal activities, ICE has notified field leadership to im- mediately assess and, if possible, re- align resources to support Operation Community Shield.


Q18: Could USCIS customers be affected by the policies on the deten- tion of aliens seeking admission pen- ding a final determination of their inadmissibility and deportability, including eligibility for immigration relief?


A18: The policies are consistent with INA provisions that mandate the de- tention of certain aliens seeking ad- mission and allow for the exercise of discretionary parole authority only on a case-by-case basis, and only for urgent humanitarian reasons or sig- nificant public benefit.


Q19: The Secretary’s memorandum outlines certain situations where CBP and ICE may release an alien detained under section 235(b) of the INA, who was apprehended or encountered after illegally entering or attempting to illegally enter the United States. One of the situations is where the alien obtains an adminis- tratively final order granting relief or protection from removal or DHS de- termines that the individual is a U.S. citizen or an alien who is a lawful per- manent resident, refugee, or asylee; or holds another valid immigration status such as Temporary Protected Status or a valid non-immigrant visa.


A19: The guidance is effective upon the establishment of a plan to sur- ge immigration judges and asylum oficers to process recent border entrants, and the establishment of appropriate processing and deten- tion facilities.


Q20: How does the expansion of ex- pedited removal account for those who may be eligible for immigration benefits?


A20: The Secretary’s intentions regarding expedited removal are under development and will be set


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