Former acting DHS secretary Chad Wolf has revealed a memo sent to Border Patrol agents in the San Diego sector, outlining specific guidelines for detaining individuals at the border. The memo instructs agents to only detain people from Uzbekistan, Tajikistan, Russia, Georgia, Kyrgyzstan, and Moldova. All others are to be processed as notice to appear and released on their own recognizance.
This directive essentially means that the executive order's cap on detentions may have limited impact in the San Diego sector. The memo serves as implementation guidance for executing the executive order and determining its application. Approximately 100 countries in the eastern hemisphere seem to be exempt from immediate return to Mexico once the cap is reached.
The Biden administration's approach differs from previous efforts to negotiate agreements with countries for repatriation. Instead, the administration issued a broad executive order that, upon closer examination, applies to a small percentage of individuals.
Regarding the effectiveness of the executive order, Homeland Security Secretary Alejandra Mayorkas indicated that implementation is in its early stages, with positive signs observed. However, critics argue that transparency is lacking in assessing the order's impact.
Concerns have been raised about potential loopholes in the order, such as the parole of undocumented immigrants married to U.S. citizens. While existing laws allow for legal reentry for such individuals, the administration's use of 'parole in place' has drawn scrutiny for its unconventional application.
The order's implications have sparked debates, with some speculating that it may incentivize individuals to attempt entry before reaching the detention cap. The complexity of immigration policies and enforcement strategies continues to be a subject of contention and scrutiny.
