Policy Updates: Day One

Written By VAAP

INTRODUCTION:

Beginning this month, VAAP will add to our “monthly roundup” routine a single monthly blog post collating key immigration law, policy, and practices updates, in addition to more considered deep-dive practice alerts and advisories addressing more deeply understood, VT-relevant, and lasting changes as they take effect. To caveat the information featured below, we share the following message from the VT State Refugee Office:

“Please note that executive orders are often written broadly but the details and the implementation of these kinds of orders take place through more specific directives that are given to various departments of the federal government.  In most cases, those specific directives can take time to be issued and in some cases, legal challenges to executive orders can impact whether an executive order can be carried out or the extent to which it can be carried out. 

“I wanted to remind all of you that we can all continue to work to help resettle refugees and other displaced people in Vermont to the best of our ability as they continue on their path to long term residence, employment and community integration into our state. It is important to continue to do the good work of supporting our neighbors and building Vermont’s communities.

“Here at the State Refugee Office we want to say to the many individuals and community organizations who help those in need, we see you, we recognize your human dignity regardless of race, religion, nationality, sexual orientation or gender, and we value everyone in this important work.

“Several of Trump’s orders are expected to face significant legal hurdles. Efforts to end birthright citizenship, for instance, contradict established constitutional interpretations and are likely to be blocked in court. Similarly, advocacy groups have already filed lawsuits to challenge the termination of CBP One and other policy changes due to the impact on the ability for anyone to apply for asylum."   

the big picture:

National Emergency at the Border:

One action declared a national emergency at the U.S.-Mexico border, authorizing military deployment to support enforcement. Troops will assist with logistics, detention space, and transportation of migrants. This action revives border wall construction without Congressional checks or balances and halts asylum-seeking at the border.

Expedited Removals by DHS:

Another shut down the CBP One smartphone application used to manage asylum-seeking adjudications at the southern border. This has left thousands in limbo and forecloses access to non-detained asylum screenings at the southern border except for procedures afforded in expedited removal proceedings. This means expedited removals are being re-prioritized for individuals who the government alleges entered the U.S. less than two years prior to being encountered. VAAP and many attorney colleagues advise undocumented individuals in border zones like Vermont to carry proof of two years of physical presence in the U.S. with them at all times, such as non-immigration-related documents (e.g., phone bills, rent receipts) for every three months. These should include the person’s name, date, and U.S. address to minimize risk during encounters with ICE or CBP.

DHS has issued notice of proposed rulemaking to eliminate due process and implement expedited removal procedures to the fullest extent of the law—practically, this will mean even less transparency and accountability for due process violations already part and parcel of northern border immigration enforcement and processing. The judiciary previously enjoined similar rulemaking in Make the Road NY v. Wolf, with the preliminary injunction issued by now-Supreme Court Justice Ketanji Brown Jackson, then sitting in the D.C. Circuit Court. It is likely that legal challenges will arise again, potentially with support from organizations like the ACLU. Meanwhile, individuals can access a highly recommended expedited removal preparation toolkit here. With expedited removal re-prioritized, it’s crucial to prepare clients and communities for these policy changes.

Increased Criminal Prosecution by DOJ:

Several orders emphasize criminal prosecution for unauthorized entry and facilitation of unlawful presence in the U.S. This includes prioritizing prosecutions for immigration-related offenses, with an expectation that individuals may be held in immigration detention after serving criminal sentences. The Department of Justice has issued an interim memo instructing U.S. Attorneys to prioritize prosecution of immigration-related criminal offenses. This includes offenses under 8 U.S.C. §§ 1324-1328, such as 1325, which criminalizes unauthorized entry as a federal misdemeanor. The memo calls for:

  1. Increased Prosecutions: The memo explicitly directs U.S. Attorneys to ensure immigration offenses are prosecuted, signaling a ramp-up in criminal enforcement for unauthorized entry and related activities.

  2. Information Sharing with DHS: The memo includes provisions for increased collaboration and information sharing with the Department of Homeland Security (DHS), raising potential concerns about privacy and broader enforcement implications.

Stay tuned for further updates as we unpack the implications of these policy changes. Let me know if you have insights or questions about how this might affect on-the-ground practice.

“Sensitive Areas” Arrests by DHS:

Another rescinded a policy that designated sensitive locations—such as churches, schools, and hospitals—as areas where immigration enforcement actions were restricted. The longstanding policy provided protections by limiting enforcement actions at sensitive locations to ensure access to essential services and public safety. This rescission removes those protections, increasing the risk of enforcement at these critical sites, undermining trust and safety in immigrant communities, making it more likely that individuals will avoid accessing essential services for fear of enforcement. Read this NILC memo for more: https://www.nilc.org/resources/factsheet-trumps-rescission-of-protected-areas-policies-undermines-safety-for-all/.

Courthouse Arrests by DHS:

Similarly, another rescinded a policy that limited the arrests ICE agents could make in or near courthouses reported by the Immigration Policy Tracking Project has it here: https://immpolicytracking.org/policies/ice-issues-interim-guidance-for-civil-immigration-enforcement-at-or-near-courthouses/.

Refugee Program Suspension:

Another suspended the U.S. Refugee Admissions Program starting January 27, 2025, for at least 90 days (with a possible extension). Case-by-case exceptions are possible, though details remain unclear. Refugee arrivals scheduled before January 27 may proceed; plans for arrivals afterward will be canceled. The action also impacts populations entering through programs like Welcome Corps. Review this January 2025 webinar by Welcome.US on what to expect of refugee resettlement and private refugee sponsorship into 2025.

Humanitarian Parole Programs suspension:

Another suspended parole programs for Cuba, Haiti, Nicaragua, and Venezuela, which previously brought over 800,000 migrants into the U.S. with sponsors. Uncertainty surrounds other parole programs, such as those for Ukrainians. Vermont has a significant population affected by this suspension and individuals impacted should consider applying for asylum or other forms of humanitarian immigration relief.

FAIR HEARINGS BY DOJ’S EXECUTIVE OFFICE OF IMMIGRATION REVIEW:

Note that many long serving senior officials at the Executive Office for Immigration Review (EOIR) were dismissed to install leadership aligned with Trump’s policy agenda. This shakeup raises concerns about the impartiality of immigration courts and their inability to conduct fair hearings on the question of respondents’ banishment, an incredibly severe consequence that the Supreme Court has somehow found not to be the same as “punishment” triggering of most 6th Amendment Constitutional protections.

Birthright Citizenship:

An executive order to end birthright citizenship for children born in the U.S. to noncitizen parents has already been federally enjoined by a District Court for violating the 14th Amendment and the Separation of Powers Doctrine. Set to take effect on February 19, 2025, affecting those born on or after that date, and legal experts anticipate constitutional challenges and lengthy court battles before an immediate risk of implementation.

VAAP https://www.vaapvt.org
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