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San Diego Immigration Law – New Deportation rules update

Last month ICE issued a new directive relating to detained arriving aliens who are found to have a credible fear by an Immigration Judge or USCIS officer.

The new policy can be found on AILA’s website: AILA Doc. No. 07111264 (Nov. 12, 2007).

The new policy implements a two-part analysis for making parole determination as they relate to detained arriving aliens who are found to have a credible fear of persecution or torture by an Immigration Judge or USCIS officer only. Step one of the analysis includes establishing identity, flight risk and danger to the community. The directive indicates which documents will be acceptable including a valid government issued document and affidavits from third parties. Step two is an “assessment of whether the alien has established that he or she falls within one or more of the five categories” in 8 CFR section 212.5(b).

After the deportation officer completes the Record of Determination/Parole Determination Worksheet it will then be reviewed by supervisor and field officer before a final determination is made. The Officer in Charge no longer has the authority to make the parole determination alone.