Lunes 27 de febrero de 2017 Viernes 1 de Abril 2011


/California Monitor


Border Security and Immigration Enforcement fied locations near El Paso, Tucson, and Calexico, where they will build a wall


forth and effective upon publication of a notice in the Federal Register.


Q21: How soon will DHS make chan- ges to more closely align its use of the expedited removal authority with Congressional intent?


A21: DHS is working to issue appro- priate parameters in which expedi- ted removal in these kinds of cases will be used.


Q22: Is it true that DHS is going to make the threshold for meeting credible fear in asylum cases more dificult to meet?


A22: The goal of DHS is to ensure the asylum process is not abused. Generally speaking, to establish a credible fear of persecution, an alien must demonstrate that there is a “significant possibility” that the alien could establish eligibility for asylum, taking into account the credibility of the statements made by the alien in support of the claim and such other facts as are known to the oficer.


Asylum oficers are being directed to conduct credible fear interviews in a manner that allows the interviewing oficer to elicit all relevant informa- tion from the alien as is necessary to make a legally suficient determi- nation. In determining whether the alien has demonstrated a significant possibility that the alien could esta- blish eligibility for asylum or torture protection, the asylum oficer shall consider the statements of the alien and determine the credibility of the alien’s statements made in support of his or her claim and shall consider other facts known to the oficer, con- sistent with the statute.


The asylum oficer shall make a positive credible fear finding only after the oficer has considered all relevant evidence and determined, based on credible evidence, that the alien has a significant possibility of establishing eligibility for asylum, or torture protection.


Q23: How will the enhancements to asylum referrals and credible fear determinations under INA section 235(b)(1) affect the work of USCIS?


A23: The Secretary’s memorandum outlines several points:


• The director of USCIS shall


ensure that asylum oficers conduct credible fear interviews in a manner that allows the interviewing oficer to elicit all relevant information from the alien as is necessary to make a legally suficient determination.


• The director shall also


increase the operational capacity of Fraud Detection and National Secu- rity (FDNS) and continue to stren- gthen its integration to support the


Field Operations Directorate (FOD), Refugee Asylum and International Operations (RAIO), and Service Cen- ter Operations (SCOPS), consulting with Operational Policy and Strategy (OP&S) as appropriate.


• The USCIS director, CBP


commissioner, and ICE director shall review their agencies’ fraud detec- tion, deterrence, and prevention measures and report to the Secre- tary within 90 days regarding fraud vulnerabilities in the asylum and benefits adjudication processes, and propose measures to enhance fraud detection, deterrence, and preven- tion.


• The asylum officer, as part


of making a credible fear finding, shall determine the credibility of statements made by the individual in support of his or her claim. This determination should include, but is not limited to, consideration of the statistical likelihood that the claim would be granted by the Department of Justice’s Executive Ofice for Im- migration Review (EOIR).


• The asylum officer shall


make a positive credible fear finding only after the oficer has considered all relevant evidence and determi- ned, based on credible evidence, that the alien has a significant possibility of establishing eligibility for asylum, or for withholding or deferral of re- moval under the Convention Against Torture, based on established legal authority.


Q24: How does the memoran-


dum address the processing and treatment of unaccompanied alien minors at the border?


A24: The Secretary’s memorandum instructs the USCIS director, CBP commissioner, and ICE director to develop uniform written guidance and training for all employees and contractors of those agencies regar- ding the proper processing of unac- companied alien children, the timely and fair adjudication of their claims for relief from removal, and, if appro- priate, their safe repatriation at the conclusion of removal proceedings. In developing such guidance and training, they shall establish standar- dized review procedures to confirm that alien children who are initially determined to be “unaccompanied alien child[ren],” as defined in 6 U.S.C. § 279(g)(2), continue to fall within the statutory definition when being considered for the legal protections afforded to such children as they go through the removal process.


Q25: Is it true that in cases of UACs who travel to the U.S. to reunite with a parent, if a parent is identified by ORR as an appropriate guardian, that parent could also be prosecuted for possibly having their child smuggled


Infórmate diariamente en MonitorEconomico.com MonitorEconomico.org


into the U.S.?


A25: Correct. The parents and family members of these children, who are often illegally present in the United States, often pay smugglers seve- ral thousand dollars to bring their children into this country. Tragically, many of these children fall victim to robbery, extortion, kidnapping, sexual assault, and other crimes of violence by the smugglers and other criminal elements along the dange- rous journey through Mexico to the United States. Regardless of the de- sires for family reunification, or con- ditions in other countries, the smu- ggling or traficking of alien children is intolerable. Accordingly, DHS shall ensure the proper enforcement of our immigration laws against those who—directly or indirectly—facilitate the smuggling or traficking of alien children into the United States. This includes placing parents or guardian who are removable aliens into remo- val proceedings, or referring such individuals for criminal prosecution, as appropriate.


Q26: How might the allocation of additional resources and personnel to the southern border for detention of aliens and adjudication of claims affect USCIS personnel?


A26: The screening of credible fear claims by USCIS and adjudication of asylum claims by EOIR at detention facilities located at or near the point of apprehension will facilitate an ex- pedited resolution of those claims and result in lower detention and transportation costs. Accordingly, to the greatest extent practicable, the director of USCIS is directed to increase the number of asylum ofi- cers and FDNS oficers assigned to detention facilities located at or near the border with Mexico to properly and eficiently adjudicate credible fear and reasonable fear claims and


to counter asylum-related fraud.


Q27: How does the Secretary’s me- morandum address the use of parole authority, as set forth in INA section 212(d)(5)?


A27: The memo notes that the sta- tutory language appears to strongly counsel in favor of using the parole authority sparingly and only in in- dividual cases where, after careful consideration of the circumstances, parole is needed because of de- monstrated urgent humanitarian re- asons or significant public benefit. It states the practice of granting parole to certain aliens in pre-designated categories in order to create immi- gration programs not established by Congress has contributed to a border security crisis, undermined the integrity of the immigration laws and the parole process, and created an incentive for additional illegal im- migration.


Therefore, the USCIS director, CBP commissioner, and ICE director are directed to ensure that appropriate written policy guidance and training is provided to employees exercising parole authority, including advance parole. These employees should be familiar with the proper exercise of parole under section 212(d)(5) of the INA and exercise such parole autho- rity only on a case-by-case basis, consistent with the law and written policy guidance.


Notwithstanding


other implementation guidance, and pending further review by the Secre- tary and additional guidance from the Director of ICE, the ICE policy directive establishing standards and procedures for the parole of certain arriving aliens found to have a cre- dible fear of persecution or torture shall remain in full force and effect.


Q28: The implementation guidance references rescinding all previous


29


immigration enforcement memos. Does this include the ICE and CBP memorandum on sensitive loca- tions?


A28: No, the sensitive locations gui- dance remains in effect for both ICE and CBP.


Q29: Is DHS going to being imme- diately sending Mexican nationals and individuals of other nationalities who traveled through Mexico to the U.S. back to Mexico while they await the outcome of their removal proce- edings?


A29: DHS will continue to work with the Mexican government and the Department of State to determine how to best implement this guidan- ce. However, consistent with the law and U.S.


international treaty


obligations, CBP and ICE personnel shall, to the extent appropriate and reasonably practicable, return aliens described in section 235(b)(2)(A) of the INA, who are placed in removal proceedings under section 240 of the INA—and who, consistent with the guidance of an ICE Field Ofice Director, CBP Chief Patrol Agent, or CBP Director of Field Operations, pose no risk of recidivism—to the territory of the foreign contiguous country from which they arrived pending such removal proceedings. We will work with the countries involved to ensure proper coordina- tion on the safe and humane return of their nationals.


Q30: Do these memoranda affect re- cipients of Deferred Action for Child- hood Arrivals (DACA)?


A30: No.


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