SLP, Mexico.- An internal memorandum obtained by The New York Timessigned Thursday night by the acting head of the Department of Homeland Security (DHS), revealed that the Donald Trump Administration has granted the Immigration and Customs Enforcement (ICE) agency English) broader powers to deport with speed to migrants who entered the United States legally under Biden-era programs such as the parole humanitarian and the CBP One app.
Mayron Gallardo, lawyer Gallardo Law Firmspecialized in immigration matters, cleared up doubts about these issues and spoke with CubaNet about the new measures.
Who could be affected by this measure and how reliable is this information?
This is a memorandum internal. It has always existed within agencies. They send an internal memo simply to inform officers what powers they have or what new laws have been implemented or what authority they are being given. This memo is telling all ICE officers to review certain cases or to review them on a case-by-case basis and to use their discretion.
What he is doing DHS is that it is taking to its maximum exponent, let’s say, the chapter of Expedited Removalimmediate deportation. Normally, immediate deportation is being applied to people who entered through the border, to people who arrived by sea. Now it will be applied to people who are on land within the United States because supposedly the law allows it.
Who are they going to apply immediate deportation to?
They are looking at people who have been in the United States for less than two years, who entered through CBP One, parole humanitarian and may be subject to immediate deportation. People who spent more than a year and have not applied to asylum or they do not have any immigration remedy and were practically left with nothing.
They also sent the paroles humanitarian concerns that were given to determine if there is any new evidence or anything that would cause DHS to withdraw the parole to those people. It mainly refers to the fact that the objective of this administration They are the people who have crimes, who entered with parole humanitarian, from whom they can be taken away. People who have committed crimes of any type are people who can have their license withdrawn. parole one way or another.
People who have not regularized their status may be questioned why they have not made an application that has status within the country. They are going to review it, they are simply asking ICE officials to take it into account and review these cases. They are not forcing them, even the memo tells them to please apply it at their discretion, but when it comes to applying their discretion it is a “yes” or “no” decision, not that it is “no” to everything.
That is why I say that a general panic should not be created among people, this is not a procedure that they are going to do overnight, they are simply going to review the cases, they are going to see who is violating, who is not violating the law and from there the agency will make its determinations.
Could someone with residency also be a victim of deportation?
This is not something that will directly affect Cubans who are awaiting status adjustments. Their adjustment of status application is pending and they have to wait for that application to be adjudicated, positively or negatively, that is not something that is going to affect them.
In the case of Cubans who have entered through parolebut they have not yet applied for residency because they have to wait a year and a day, how do we know if they would have an open process?
The people who entered through CBP One did not enter this country to apply the Cuban Adjustment Act. They entered asking for refuge and asking for asylum. Therefore, you have to fill out an asylum application. Cubans have the option of the Cuban Adjustment Law after a year and a day, but remember, until a year and a day they will not have that immigration benefit available. Therefore, if you are in the 11 months and you have one month left and you have not submitted anything, you are not eligible for the Adjustment Law. And that is clear, the law says so. You will be eligible after a year and one day.
In some way, if you have an asylum court before the year, please file an asylum application, it is something that will help you, it will protect you. With everything that is happening and the new measures, the new executive orders, it is advisable that people who entered through CBP One who have not arrived within a year, submit their asylum application. Whoever has one request family or who can file a family request, to file it, to get the processes moving.
Use the tools you have to somehow have something that ties you to this country. There are many people who have been there for a year or so and have done absolutely nothing because they are under the parole still. But that parole It’s going to end and when it’s over you’re going to be left with nothing, completely helpless under the US immigration system.
If someone entered through CBP One and applies for residency in a week, they should not have problems because they will have some process involved. Who have a green card They should not fear, since they have legal status in the country.
Cubans who have I-220A will simply continue their asylum processes in front of the immigration court, absolutely nothing will happen, everything will continue exactly as it is today.
To apply for the Cuban Adjustment Law and prove that you have been in the country for a year, you can present all the documents that prove it, whether letters that have arrived home, statements bank records, photos that demonstrate the dates in some way, sworn statements from people that say under oath, stamped by notaries, that you have been in the country for a certain amount of time and that you have not left. Anything that shows you have physically been in the United States works. For example, a gym card, a library card; preferably, one evidence should be submitted per month.
The asylum application is I-589. If you do not have an immigration court, this application can be filled out online by creating a USCIS account, entering all the information requested and all the evidence. If you are in immigration court, you have to download the application from the USCIS website. You must fill it out, put in the evidence you are going to send and automatically make a copy of the application, go to the immigration court and deliver a copy to the court and another to DHS and bring an extra one so they can stamp it.
