Trump Signed E.O., “Restoring State, Tribal, and Local Law Enforcement’s Access to Life-Saving Equipment and Resources”

This brief E.O. revokes the Obama-era E.O. that restricted the use of surplus military equipment by local law enforcement agencies.

Section 1 of this executive order revokes Executive Order 13688 issued on January 16, 2015 by then-President Obama. This order, entitled “Federal Support for Law Enforcement Equipment Acquisition,” created a working group to identify how surplus military equipment flowed to local law enforcement agencies, and it created a list of equipment that should be prohibited or restricted, including armored tanks, certain caliber ammunition, and bayonets.

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Trump signed E.O., “Enforcing Federal Law with Respect to Transnational Criminal Organizations and Preventing International Trafficking”

This executive order redirects the Threat Mitigation Working Group to detect and prosecute international drug cartels.

At Vox, German Lopez reports that the three orders issued today, Feb. 9th, are intentionally vague but are setting the stage for a “tough on crime” administration.

Section 2 sets policies for the new administration to tackle international drug cartels, including increased cooperation with foreign intelligence agencies. Section 3 calls for the Secretary of State, AG, Secretary of Homeland Security and Director of National Intelligence to co-chair and redirect the Threat Mitigation Working Group (TMWG). Additionally, the working group will report and make recommendations in 120 days.

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Trump signed E.O., “Preventing Violence Against Federal, State, Tribal, and Local Law Enforcement Officers”

This executive order focuses on crimes against law enforcement.

The order calls for multi jurisdiction coordination between Federal, state, local, and tribal law enforcement. It also tasks the AG to develop a strategy  to prosecute crimes or attempted crimes against law enforcement, including reviewing grant programs and recommending legislation.

The order does not specify what exactly would change in regard to the laws on the book prohibiting such violence against police officers.  At the Atlantic, David A. Graham observed that Congress would likely amend federal offenses on the recommendation of the AG.

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Trump signed E.O., “Task Force on Crime Reduction and Public Safety”

This executive order establishes a task force to address “illegal immigration, drug trafficking, and violent crime.”

Section 1 of the order lays out the focus of the task force: illegal immigration. This order revolves around drug trafficking and violent crime committed by  immigrants. The Task Force will be created by the Attorney General to (1) “exchange information and ideas,” (2) “develop strategies to reduce crime,” (3) “identify deficiencies in existing laws “that are less effective in reducing crime, (4) “propose new legislation” to improve public safety and reduce crime, (5) “evaluate the availability and adequacy of crime-related data,” and (6) “identify measures that could improve data collection.”
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Trump signed E.O., “Enhancing Public Safety in the Interior of the United States.”

This executive order covers several areas: (1) immigration law enforcement priorities, (2) increasing the number of immigration officers, (3) targeting sanctuary cities, and (4) eliminating privacy of undocumented immigrants.

1. Immigration Law Enforcement Priorities (Sec. 5, and 10(a))

The executive order first strikes down a Nov. 2014 memo which laid the framework for the Priority Enforcement Program (PEP). The memo detailed the DHS enforcement priorities and outlined three priority levels: Priority 1 (threats to national security, border security, and public safety), Priority 2 (misdemeanants and new immigration violators), and Priority 3 (other immigration violations). This memorandum is a “guidance” document under 5. U.S.C. § 553(b) and as such, it did not go through notice and comment rule making to become a regulation. Without those procedures, it is not protected and can be easily undone with an executive order.

At Lawfare, Shannon Togawa Mercer reports that by striking the 2014 memo this executive order has replaced the priority list from to cover the following classes of undocumented immigrants: Continue reading “Trump signed E.O., “Enhancing Public Safety in the Interior of the United States.””

Trump signed an E.O., “Border Security and Immigration Enforcement Improvements”

This E.O. begins the process of building a wall on the Mexican border, allocating resources to detention centers, and targeting asylum seekers

Read in full: Executive Order: Border Security and Immigration Enforcement Improvements

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