Internal guidance reveals how Biden’s immigration order is ripe for exploitation by illegal immigrants

There are a litany of ways illegal immigrants can get around President Joe Biden’s new executive order and avoid removal, according to internal guidance obtained by the Daily Caller News Foundation.

Biden announced an executive order on Tuesday to limit illegal immigration across the U.S.-Mexico border by temporarily suspending the entry of foreign nationals if the number of average border encounters exceeds 2,500 a day over a one-week time period. However, an internal memo by Immigration and Customs Enforcement (ICE) shows there are many ways asylum seekers can exploit the order.

As mentioned by the White House, the memo notes that the order does not apply to unaccompanied minors, non-citizens determined to be victims of “severe” forms of trafficking, individuals arriving at ports of entry with a CBP One appointment, and any migrant that a Customs and Border Protection (CBP) officer allows in based on “the totality of the circumstances” or due to “operational considerations.”

Additional exemptions apply to those with an “acute medical emergency” and those who face “an imminent and extreme threat to life or safety.”

However, foreign nationals placed in expedited removal have further options to avoid being removed, the memo notes. These include “urgent humanitarian” interests and claims of “credible fear.”

“[A] noncitizen … who is placed in expedited removal will be referred for a credible fear interview only if the noncitizen manifests a fear of return or expresses an intention to apply for asylum or related protection, expresses a fear of persecution or torture, or expresses a fear of return to his or her country or designated country of removal,” the memo states. “A noncitizen can manifest fear or an intention to apply for asylum or related protection at any time in custody.”

The memo then lists ways a noncitizen can express a fear of return, which also includes “non-verbal” indicators.

Simple statements such as “I am afraid to go to [country]” or “I am afraid of [country’s government or governing group] are listed as examples of a noncitizen manifesting fear.

Additionally, ICE facilities housing migrants must also feature signs in different languages reminding noncitizens that they can claim fear of return or seek other forms of removal protection.

Biden’s order — which largely draws its authority under 212(f) and 215(a) from the Immigration and Nationality Act — will make it easier for Border Patrol agents and other CBP officials to quickly remove foreign nationals who have no legal basis to remain in the country. Once the suspension goes into effect after the border encounter threshold is met, it will remain in effect until two weeks after there has been a seven-day average of fewer than 1,500 encounters along the southern border.

The Department of Homeland Security (DHS) and the White House did not immediately respond to a request for comment from the DCNF.

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