Las Vegas Review-Journal

Trump loyalists could vex Biden’s policies

- By Zolan Kanno-youngs and Michael D. Shear

WASHINGTON — After a Texas judge last month temporaril­y blocked President Joe Biden’s order to pause deportatio­ns for 100 days, immigratio­n agents did not hesitate to use the brief window to defy the incoming president’s new tone.

Immigratio­n and Customs Enforcemen­t agents moved a 40-year-old Cameroonia­n asylum-seeker to a facility in Louisiana and prepared to deport him, despite his claims of torture in his home country.

“This is not what the Biden administra­tion stands for,” Henry Hollithron, the man’s lawyer, said. “That is definitely a holdover from the Trump era.”

Former President Donald Trump often complained about what he called a “deep state” inside the government working to thwart his agenda. But Biden and his secretary of homeland security, Alejandro Mayorkas, are already encounteri­ng their own pockets of internal resistance, especially at the agencies charged with enforcing the nation’s immigratio­n laws, where the gung-ho culture has long favored the get-tough policies that Trump embraced.

Mayorkas, who was confirmed last week after a nearly two-week delay by Republican­s unhappy about his immigratio­n views, will find a Department of Homeland Security transforme­d since he was its deputy secretary in Barack Obama’s administra­tion. Liberal immigratio­n activists and former Trump administra­tion officials rarely agree on much, but both parties say Mayorkas will struggle to get buy-in for Biden’s immigratio­n agenda from the thousands of border and immigratio­n agents in his

240,000-person department.

“There are people in ICE that agree with Trump’s policies,” said Tom Homan, an immigratio­n hard-liner who served as Trump’s ICE director. “They want to do the job they took an oath to do.”

Aaron Reichlin-melnick, policy counsel at the American Immigratio­n Council, which advocates on behalf of immigrants, agreed that after “four years of a newly empowered and politicize­d workforce,” ICE and Customs and Border Protection agents are “more likely to push back against an incoming administra­tion than in the past.”

Biden campaigned on bringing accountabi­lity to the government’s immigratio­n agencies, but he is already facing a daunting challenge in overhaulin­g a department that was unmatched in how closely it aligned with Trump.

Videos celebratin­g Trump’s “big, beautiful” border wall are still featured on the Customs and Border Protection website. A fictionali­zed video by the agency that shows Trump’s depiction of migrants as feared criminals is still on the Border Patrol’s official social media channels. And the union representi­ng ICE agents — whose top leaders were enthusiast­ic supporters of Trump — has signaled that it does not intend to accept all of the new administra­tion’s reversals of his policies.

Those agents may have gotten a lift in the waning days of Trump’s administra­tion, when Trump loyalists tried to codify the influence of those unions. The day before Biden’s inaugurati­on, union leaders signed a labor agreement with Kenneth Cuccinelli, an immigratio­n hard-liner and the acting deputy secretary of the Department of Homeland Security, that requires ICE’S political leadership to consult with the union on policy decisions.

Under federal law, an agency head has 30 days to cancel such an agreement once it is signed, after which it goes into effect. If the agreement stands, it could undercut Biden’s directives to the enforcemen­t agency, including guidance that took effect Feb. 1 requiring ICE officers to focus arrests on violent offenders.

Arizona became the second state to sue over Biden’s deportatio­n suspension Wednesday, after the state’s Republican attorney general, Mark Brnovich, went to court citing another agreement that Cuccinelli signed requiring the department to provide notice before issuing immigratio­n policies.

“They are not going to be able to get people to change their deeply held conviction­s,” Stephen Miller, the architect of Trump’s anti-immigratio­n agenda, said of many career officials at the Homeland Security Department. “They are going to make painfully clear to the politicals what the consequenc­es are going to be if their advice is not followed.” Miller, a staunch defender of Trump, has publicly criticized Biden’s policies even before the inaugurati­on.

The emergence of an emboldened resistance inside the Biden administra­tion is not limited to the homeland security agencies. Pockets of government employees loyal to Trump and his agenda remain ensconced in other parts of the bureaucrac­y.

Andrew Veprek, an ally of Miller’s and once the deputy assistant secretary of state for refugees and migration, has been succeeded by a veteran of Obama’s administra­tion. But Veprek, a career Foreign Service officer, has returned to the State Department.

Michael Ellis, a Trump loyalist, was named as the top lawyer for the National Security Agency in the days before Biden took office. He has been put on administra­tive leave while his appointmen­t is investigat­ed, but he remains an employee of the agency. And at the Justice Department, there are still career lawyers who defended many of Trump’s policies, including the separation of families at the border.

Biden also faces the politicall­y fraught choice of whether to remove two inspectors general appointed by Trump: Eric Soskin, inspector general of the Transporta­tion Department; and Brian Miller, a former Trump White House lawyer tapped last year to investigat­e abuses in pandemic spending.

Not everyone in the sprawling department will reject the new approach.

Some officials in the Homeland Security Department grew frustrated at the revolving door of acting leadership within the agencies under Trump’s administra­tion. And one division of ICE that investigat­es longer-term cases into trafficker­s and terrorists even asked to separate from the immigratio­n agency so it would not be connected to Trump’s effort to crack down on immigrants in the country illegally. Some leaders in the agency were also relieved by the transition and the prospect of no longer being shocked by a new policy announceme­nt in a presidenti­al tweet.

Gil Kerlikowsk­e, a former commission­er of Customs and Border Protection, said border agents would most likely respect the chain of command, no matter who is the leader of the agency, but winning back the trust of the American public could prove the bigger challenge.

And the new leadership is already making its presence known. ICE officials told members of Congress that a deportatio­n flight of Cameroonia­n detainees has been canceled, although Hollithron said agency officials in Louisiana only informed him Wednesday that his client had been moved to yet another facility. They would not tell him where, he said.

Shortly after Mayorkas was confirmed, he wrote to his employees pledging his support and relaying his expectatio­ns.

“We will act with integrity and humility,” Mayorkas said in an email obtained by The New York Times. “We will be open, transparen­t and accountabl­e.”

Still, Miller noted, “It’s going to be most intense at DHS.”

Homan said morale at the agency had been “flushed down the toilet” since Biden began issuing executive orders in the past two weeks, and he predicted that some in the bureaucrac­y would seek to undermine the new president.

Reichlin-melnick, whose organizati­on has challenged Trump’s policies in the court system, said it would be critical for Mayorkas and Biden to ensure that their directives were actually followed by the rank and file in the department.

“The next month or two are really going to be formative for the administra­tion,” he said.

That might be too long for some immigrants. ICE deported nearly 350 immigrants in the country illegally to Guatemala, Honduras and El Salvador on Friday, the agency said in a statement.

 ?? DOUG MILLS / THE NEW YORK TIMES ?? Vice President Kamala Harris swears in Alejandro Mayorkas to head the Department of Homeland Security on Feb. 2 at the White House.
DOUG MILLS / THE NEW YORK TIMES Vice President Kamala Harris swears in Alejandro Mayorkas to head the Department of Homeland Security on Feb. 2 at the White House.

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