Home Immigration Lawyer Communities much less SAFE after DHS Terminates Agreements

Communities much less SAFE after DHS Terminates Agreements


In the closing days of the Trump administration, appearing deputy secretary of Homeland Security (DHS) Ken Cuccinelli executed a Sanctuary for Americans First Enactment Agreement (SAFE) with roughly 9 state and native jurisdictions, together with Texas, Arizona, Louisiana, Indiana, and Rockingham County, N.C. As the title suggests, the aim of those agreements is to clarify that DHS will “prioritize the protection of the United States” by vigorously imposing immigration legal guidelines, together with arresting and detaining detachable aliens.

In alternate for these state and native jurisdictions pledging to assist implement federal immigration legal guidelines (as all jurisdictions needs to be doing anyway), these “binding and enforceable” agreements dedicated DHS to seek the advice of with these jurisdictions “and consider its views before taking any action, adopting or modifying a policy or procedure, or making any decision” that will loosen immigration enforcement or droop removals of aliens, scale back the variety of Immigration and Customs Enforcement (ICE) officers within the jurisdiction, or enhance and broaden immigration advantages.” Under SAFE, these jurisdictions are entitled to 180 days to review any “proposed motion and [have] a chance to seek the advice of and touch upon the proposed motion, earlier than [DHS takes] any such motion” that loosens the enforcement of U.S. immigration regulation.

Importantly, these agreements present for injunctive aid ought to both occasion fail to adjust to the phrases as well as the flexibility to terminate the agreement with 180 days’ written discover. Critics of the rule of regulation complained that SAFE will unfairly impede the Biden administration’s means to develop immigration coverage. But Lt. Kevin Suthard, a spokesman for the Rockingham County Sheriff’s Office, pushed again to this characterization, telling Buzzfeed (which obtained the leaked agreements in early January) that SAFE is “not political, it’s about public safety. Doing all that we can to keep the residents of Rockingham County that we serve safe. That is always our number one priority.”

Yet, in its quest to guard all unlawful aliens from immigration enforcement, Biden’s DHS has torn up these agreements. In a February 2 letter to Texas attorney general Ken Paxton that I obtained from my DHS sources, appearing secretary David Pekoske declares that the SAFE agreement the lone star state entered into is “void, not binding, and unenforceable.” The appearing secretary doubles down saying, “Notwithstanding that the [SAFE] is void, not binding, and unenforceable,” DHS “rescinds, withdraws, and terminates the [SAFE] effective immediately.” In court docket filings, the state of Arizona reveals that DHS has equally voided their SAFE agreement. My DHS sources inform me that Indiana, South Carolina, West Virginia, Alabama, Montana, Louisiana, and Rockingham County, N.C., additionally acquired related letters.

This is a harmful and misguided step taken by the Biden administration, and these jurisdictions can be smart to problem the motion in court docket. It is baffling that DHS would decline the help of inclined jurisdictions to help with the enforcement of U.S. immigration regulation given restricted ICE sources. While open-borders advocates could applaud the termination of SAFE, law-abiding residents, immigrants, and aliens at the moment are much less protected as a result of non-enforcement insurance policies allow felony aliens to offend and reoffend with impunity.


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