Overview of Two Kelly Memoranda on Implementing President Trump's Executive Orders

Kelly Memorandum



On February 20, 2017, the Secretary of Homeland Security, John F. Kelly, issued two Memoranda that provide Department of Homeland Security (DHS) officers with authoritative guidance on the implementation of two immigration Executive Orders (EOs) issued by President Donald Trump on January 25, 2017. The Memoranda provide clarification on how the DHS will put President Trump's immigration orders into practical effect.

In this article, we will provide a brief overview of the Memoranda and the related EOs. In the final section of the article, we will provide a list of links to our comprehensive articles covering the key points of each Memorandum relating to new immigration policies.

For further reference, please see our brief summaries of President Trump's Executive Orders [see article]. Please note that nothing in this article relates to President Trump's Executive Order suspending the entry of aliens from certain countries.

Overview of the Memoranda

The first Memorandum relates to President Trump's EO 13767 titled “Border Security and Immigration Enforcement Improvements” [82 FR 8793]. Secretary Kelly's Memorandum, titled “Implementing the President's Border Security and Immigration Enforcement Improvements Policies,” [PDF version] provides guidance on how the DHS will implement President Trump's new border security policies. The Memorandum explains how the DHS will implement new policies regarding immigration detention, expedited removal, section 287(g) agreements with State and local and law enforcement, the treatment and definition of unaccompanied minor children apprehended at the border, and other issues. Additionally, the Memorandum addresses the construction of a border wall along the U.S.-Mexico border, directs the hiring of additional Customs and Border Protection (CBP) agents, and other issues.

The second Memorandum relates to President Trump's EO 13768 titled “Enhancing Public Safety in the Interior of the United States” [82 FR 8799]. Secretary Kelly's Memorandum, titled “Enforcement of the Immigration Laws to Serve the National Interest,” [PDF version] provides guidance on how the DHS will implement President Trump's new immigrant enforcement priorities and policies. Notably, the Memorandum rescinds the Johnson Memorandum that contained President Barack Obama's civil enforcement priorities, but leaves DACA in place. The Memorandum provides guidance on the expansion of civil enforcement priorities along with limited guidance on the exercise of prosecutorial discretion and it provides guidance for the establishment of programs to collect authorized civil fines and penalties. The Memorandum also provides for the use of section 287(g) agreements with state and local law enforcement, the hiring of new Immigration and Customs Enforcement (ICE) personnel, and the creation of programs that will track crimes committed by criminal aliens and alien apprehensions and releases.

Related Articles

The following is a list, with links, of our articles about the border security Memorandum:

Overview of the Kelly Border Security Memorandum (Trump EO) [see article];
Kelly Memorandum on Expedited Removal and Immigration Detention (Trump EO) [see article];
Kelly Memorandum on Unaccompanied Minor Children Apprehended at the Border (Trump EO) [see article]

The following a list, with links, of our articles about the interior enforcement Memorandum:

Overview of the Kelly Interior Enforcement Memorandum (Trump EO) [see article];
Kelly Memorandum on Enforcement Priorities (Trump EO) [see article];
Trump Administration Enforcement Priorities (Issued Jan. 25, 2017) [see article].

Please consult our full selection of articles for information about the two Memoranda that may interest you.