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President Trump Signs Executive Orders on Immigration

1/25/2017

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From the website of the American Immigration Lawyers' Association (AILA):

Update from 1:30pm (ET):
BREAKING: President Trump's Press Secretary Sean Spicer just announced two Executive Orders on immigration enforcement. Here are quick notes from the press conference:
  1. Border Enforcement Executive Order: Build a large physical barrier on southern border (one way or another Mexico will pay for it). Provide DHS with the tools and resources they need to stop "illegal immigration." Create more detention space along southern border, make it "easier and cheaper" to detain and return individuals. End "Catch and Release." Prioritize prosecution and deportation of "illegal immigrants" who have otherwise violated our laws. After they spend time in prison, they are going to be sent back on a one way ticket.
  2. Interior Enforcement Executive Order: ICE will "unapologetically" enforce the law. Restore "popular and successful" Secure Communities (SCOMM) program. Withhold visas from countries and use other tools to make sure countries accept their people (criminals) from their countries back. Strip federal grant from sanctuary cities that harbor "illegal immigrants."

​The actual language of these executive orders is not yet available, though Spicer said he would get the orders to press "ASAP." Here are some questions asked by press, and how they were answered:
  • How will Mexico pay for the wall? The President is working with Congress and other folks to figure that out. Wants to get project started with existing funds as much as possible. But needs to be included in appropriations.
  • What about DACA? Order today does not deal with DACA - other updates later this week on immigration. President's first priority is people in the U.S. who intend to do us harm or have committed crimes. He understands the significance of this problem - will work through this issue with his team in a humane way.
  • How will the order strip funding from sanctuary cities? Order directs Secretary to look at funding streams that are going to those cities and figure out ways they can be cut off.
  • What steps will be taken against those people from (listed certain Muslim countries) who are already here in the U.S.? The President talked extensively about "extreme vetting" implementation. Guiding principle is keeping this country safe. We need to make sure we take necessary steps for people with a "predisposition," who come from these countries of higher concern, and make sure they are coming to this country for all the right reasons.
  • How do you respond to sanctuary states that say, keep your federal money, and don't comply? First step is the funding piece, then a Congressional piece. To the extent that the President can ID areas that he can do under his executive authority, he will do it. Tax payer issue here.

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    Elaine Martin has been practising US and global immigration law since 1997. She is an immigrant herself (from Ireland), so has a special understanding of the legal and emotional challenges involved in relocating to a new country.

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