Trump Administration greatly expands scope of unauthorized persons to be targeted.

With so many initiatives by the Trump Administration since January 25, one has to be selective about which to focus on. Here I describe an order which in effect increases the number of unauthorized persons in a priority status for deportation from about 820,000 to at least 4 million, and probably several million more out of a total of 11 million.

The NY Times addressed it. David A. Martin principal deputy general counsel of the Department of Homeland Security from January 2009 to December 2010 analyzes the Order here.

The order is Executive Order: Enhancing Public Safety in the Interior of the United States.

The January 25 order greatly expanded the criteria to include:

(b) Have been charged with any criminal offense, where such charge has not been resolved [thus not yet brought to trial]

(c) Have committed acts that constitute a chargeable criminal offense [thus not even indicted]

(d) Have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency [thus using borrowed or stolen social security number. About half of the 8 million unauthorized workers in regular employment. Almost by definition these 4 million meet this criterion.]

(e) Have abused any program related to receipt of public benefits [very broad, may include school lunch and other food aid programs]

(f) Are subject to a final order of removal, but who have not complied with their legal obligation to depart the United States [this suggests that cases under appeal will be included]

(g) In the judgment of an immigration officer, otherwise pose a risk to public safety or national security.

Re-activation of Section 287(g)

The order brings back this section which “authorize[s] State and local law enforcement officials to perform the functions of immigration officers in relation to the investigation, apprehension, or detention of aliens in the United States under the direction and the supervision of the Secretary.”

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