According to a recently released February 2017 memo from the Office of Enforcement and Removal Operations (ERO) within US Immigration and Customs Enforcement (ICE), US Department of Homeland Security (DHS), officers will take enforcement action against all removable aliens encountered. This language leaves no room for discretion, as if the word “may” had been used instead of “will”. Among other details, the memo goes on to outline that parole is to be used very sparingly and detention centers are being expanded.
“Effective immediately, ERO officers will take enforcement action against all removable aliens encountered in the course of their duties. As always, ERO officers must make an individualized custody determination in every case, prioritizing detention resources on aliens subject to expedited removal and aliens removable on any criminal ground, security to related ground, or for grounds related to fraud or material representation. Under the terms of the E.O., DHS will no longer expect classes or categories of removable aliens from potential enforcement.”