(Left to Right) Thomas W. Roach and Eamonn P.S. Roach.

By Thomas W. Roach and Eamonn P.S. Roach, Attorneys

DONALD TRUMP AND HIS EXECUTIVE ORDERS ON IMMIGRATION, PART 2

President Trump signed three executive orders on Immigration on January 25, 2017. Did he sign more executive orders on February 20?

President Trump has only signed three executive orders on immigration thus far. The news that came out on February 20 is a memorandum from the Department of Homeland Security (DHS) on how they have decided they are going to implement those three executive orders signed by the president.

What is discussed in the February 20 DHS memorandum?

The memorandum focuses on various parts of President Trump’s executive orders to try and explain them. For example, the enforcement priorities listed in the executive orders are repeated and explained as to who is now an enforcement priority. Also discussed is how the DHS will try and use local police to serve as a federal deportation function.

How can the DHS use the local police to serve for deportation functions?

The DHS will try to enforce the federal deportation function through the 287g program. This program will try to get local police departments to enforce the Federal Immigration Law. The DHS would like the local police departments to be federal immigration officers, however there is a lot of pushback from many “sanctuary” cities and counties that do not want to cooperate as the DHS would like them to.

Do the DHS memorandums discuss prosecutorial discretion?

Under President Obama, there were enforcement priorities and prosecutorial discretion was much wider. However, with these new executive orders and this DHS memorandum, the exercise for prosecutorial discretion will be made on a case by case basis and will not allow any class of people to be exempted or excluded from being an enforcement priority.

Importantly though, the DHS memorandum also supersedes all previous conflicting memorandums or guidances from the DHS regarding immigration enforcement, except for the memorandums that allowed Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents with USC Children (DAPA) to be created.

What should I do now?

If you have had contact with the police at any time or any place since you have been in the U.S. you should contact an immigration attorney now. If you have had any contact with Immigration at any time or any place you should contact an immigration attorney now.

Thomas W. Roach and Eamonn P.S. Roach are attorneys of the firm Roach & Bishop, LLP in Pasco, Washington, who practice immigration law. This information does not constitute legal advice. It is possible that this information does not apply to you. Each case depends on specific facts. If you have questions regarding the immigration laws that you would like answered in this column, please send them to: Thomas W. Roach and Eamonn P.S. Roach, 9221 Sandifur Pkwy, Suite C., Pasco, WA 99301, phone: (509) 547-7587, fax: (509) 547-7745; or email troach@roachlaw.com or eroach@roachlaw.com.

Note from the editor: To find free or low-cost immigration legal services, you can use the National Immigration Legal Services Directory at www.immigrationadvocates.org/nonprofit/legaldirectory.

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