The Department of Homeland Security (DHS) under President Trump has empowered Immigration and Customs Enforcement (ICE) to re-evaluate the parolee status of migrants admitted through expanded humanitarian parole programs enacted during the Biden administration. This action potentially paves the way for swift deportations.
A recent internal DHS memo, obtained by Fox News Digital, reveals that Acting Secretary Benjamine Huffman has lifted restrictions on expedited removal procedures. This allows for the rapid deportation of recently arrived migrants who don't seek asylum or fail initial screening requirements. This authority now extends nationwide and applies to migrants present in the U.S. for under two years.
The memo instructs DHS officials to review cases of immigrants eligible for expedited removal but not yet subjected to it. It encourages officials to consider utilizing this process at their discretion. This development was initially reported by The New York Times.
Former President Donald Trump and Melania Trump are pictured with President Joe Biden and First Lady Jill Biden during Trump's second inauguration on January 20, 2025. (Carlos Barria/Reuters)
The memo suggests potential actions include terminating ongoing removal proceedings and reevaluating active parole statuses. Furthermore, the DHS will review the parole status of any immigrant granted parole under policies subsequently altered or rescinded by the Trump administration. Officials can then determine whether to initiate removal proceedings and if the individual’s parole remains valid given any changes in legal or factual circumstances.
The memo emphasizes that parole is granted at the discretion of law enforcement and isn't an inherent right, nor does it constitute admission to the country. This implies that migrants paroled at entry points via the CBP One app or granted travel authorization under programs for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV), as well as those from Ukraine and Afghanistan, could face deportation. These parole channels, through which almost 1.5 million migrants entered, were shut down by President Trump upon his return to office. While the Biden administration argued these “lawful pathways” aimed to curb illegal crossings, Republicans criticized them as an overreach of parole authority.
ICE San Francisco apprehended Ariel Rene Romice-Patino, a Mexican citizen unlawfully present in the United States, on January 23, 2025. (ICE)
Huffman's memo follows an earlier directive ordering a comprehensive review of parole practices. It underscores the statute’s requirement for case-by-case parole decisions, a point of contention with Republican critics who allege the previous administration's misuse of this authority. The memo stresses parole's limited applicability, asserting its frequent misuse by past administrations, particularly citing categorical parole programs that grant presumptive eligibility based on broad criteria, which it deems inconsistent with the statute.
The memo directs ICE and Customs and Border Protection leadership to identify all parole-related instructions, policies, and procedures, review them for statutory compliance, and develop a plan to phase out any non-compliant practices. This action coincides with other administration initiatives on immigration, including deploying military personnel to the border, halting refugee resettlement, resuming border wall construction, and initiating a large-scale deportation operation. ICE recently apprehended over 530 undocumented immigrants in nationwide raids, prioritizing public safety threats while maintaining that anyone unlawfully present in the country is subject to arrest.
