Back to Federal Policy Watch

Department of Homeland Security’s “Guidance Regarding How to Exercise Enforcement Discretion”

Two of the Trump administration’s day one executive orders (EOs), “Securing our Borders” and “Protecting the American People Against Invasion,” mention the Department of Homeland Security’s (DHS) parole authority, which permits DHS to grant persons with temporary protection from deportation and a work permit, on a case-by-case basis, either for urgent humanitarian reasons or because their presence is a significant public benefit to the United States. The EOs direct immigration enforcement agencies to review the use of parole and ensure that it is exercised consistent with the law and ordering that they end “categorical” parole programs like the Parole Processes for Cubans, Haitians, Nicaraguans, and Venezuelans.

On January 21, 2025, the Acting Secretary for DHS submitted a notice to the Federal Register on expedited removal, a fast-track deportation process. The Acting Secretary issued a related guidance memo on January 23, 2025, titled “Guidance Regarding How to Exercise Enforcement Discretion.” This memo directs immigration enforcement officers to (1) consider expedited removal for persons who meet the requirement for it but who may be in regular deportation proceedings and (2) reviewing the parole status of beneficiaries in parole programs that have been terminated and consider whether they should be placed into expedited removal proceedings or the regular deportation process.