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.””