El Dorado News-Times

A Trump border policy repealed

‘Zero tolerance’ traded out for previous directive, U.S. says

- MICHAEL BALSAMO AND COLLEEN LONG Informatio­n for this article was contribute­d by Eric Tucker and Nomaan Merchant of The Associated Press.

WASHINGTON — The Justice Department on Tuesday rescinded a Trump-era memo that establishe­d a “zero tolerance” enforcemen­t policy for people crossing the U.S.-Mexico border illegally, which resulted in thousands of family separation­s.

Acting Attorney General Monty Wilkinson issued the new memo to federal prosecutor­s across the nation, saying the department would return to its long-standing previous policy and instructin­g prosecutor­s to act on the merits of individual cases.

“Consistent with this longstandi­ng principle of making individual­ized assessment­s in criminal cases, I am rescinding — effective immediatel­y — the policy directive,” Wilkinson wrote.

Wilkinson said the department’s principles have “long emphasized that decisions about bringing criminal charges should involve not only a determinat­ion that a federal offense has been committed and that the admissible evidence will probably be sufficient to obtain and sustain a conviction, but should also take into account other individual­ized factors, including personal circumstan­ces and criminal history, the seriousnes­s of the offense, and the probable sentence or other consequenc­es that would result from a conviction.”

The “zero tolerance” policy meant that any adult caught crossing the border illegally would be prosecuted for illegal entry. Because children cannot

be jailed with their family members, families were separated and children were taken into custody by the Health and Human Services Department, which manages unaccompan­ied children at the border.

While the rescinding of “zero tolerance” is in part symbolic, it undoes the Trump administra­tion’s policy responsibl­e for the separation of more than 5,500 children from their parents at the U.S-Mexico border. Most families have not been prosecuted under zero tolerance since 2018, when the separation­s were halted, though separation­s have continued on a smaller scale. Practicall­y, the ending of the policy will affect mostly single men who have entered the country illegally.

“While policies may change, our mission always remains the same: to seek justice under the law,” Wilkinson wrote in the memo, which was obtained by The Associated Press.

President Joe Biden has issued an executive order to undo some of Trump’s restrictiv­e policies, but the previous administra­tion has so altered the immigratio­n landscape that it will take quite a while to untangle all the major changes. Some of the parents separated from their children were deported. Advocates for the families have called on Biden to allow those families to reunite in the United States.

Earlier Tuesday, a federal judge barred the U.S. government from enforcing a 100-day deportatio­n moratorium that went into effect Friday.

U.S. District Judge Drew Tipton issued a temporary restrainin­g order sought by Texas, which sued on Friday against a Department of Homeland Security memo that instructed immigratio­n agencies to pause most deportatio­ns. Tipton said the Biden administra­tion had failed “to provide any concrete, reasonable justificat­ion for a 100-day pause on deportatio­ns.”

While Tipton’s order bars enforcemen­t of a moratorium, it does not require deportatio­ns to resume at their previous pace. Immigratio­n agencies typically have latitude in processing cases and scheduling removal flights. The Department of Homeland Security did not immediatel­y respond to a request for comment.

David Pekoske, the acting Homeland Security secretary, signed a memo on Biden’s first day directing immigratio­n authoritie­s to focus on national security and public safety threats as well as anyone apprehende­d entering the U.S. illegally after Nov. 1. That was a reversal from Trump administra­tion policy that made anyone in the U.S. illegally a priority for deportatio­n.

Texas Attorney General Ken Paxton argued that the moratorium violated federal law as well as an agreement Texas signed with the Department of Homeland Security late in the Trump administra­tion. That agreement required the Homeland Security Department to consult with Texas and other states before taking any action to “reduce, redirect, reprioriti­ze, relax, or in any way modify immigratio­n enforcemen­t.”

The Biden administra­tion argued in court filings that the agreement is unenforcea­ble because “an outgoing administra­tion cannot contract away that power for an incoming administra­tion.”

 ?? (AP/Evan Vucci) ?? President Joe Biden signs executive orders Tuesday in the State Dining Room of the White House with Vice President Kamala Harris standing nearby.
(AP/Evan Vucci) President Joe Biden signs executive orders Tuesday in the State Dining Room of the White House with Vice President Kamala Harris standing nearby.

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