WASHINGTON – Current and former Trump administration officials say the Department of Homeland Security has made a last-minute effort to “sabotage” the new government’s efforts to undo its tough immigration policies by signing legal agreements in recent weeks with state and local authorities . to delay these changes for 180 days.
Homeland Security has entered into agreements that require the agency, even under the leadership of the Biden administration, to consult certain state and local jurisdictions “before taking any action or taking any decision that could reduce immigration enforcement, increase the number of illegal aliens in the United States. United States, or increase immigration benefits or eligibility for benefits “for undocumented immigrants.
States and localities would then have 180 days to comment – and Biden officials would have to consider their contributions and provide a “detailed written explanation” if they rejected it.
Four of those deals, signed by the attorney generals of Indiana, Louisiana and Arizona and the sheriff of Rockingham County, North Carolina, were first reported by BuzzFeed News. Legal experts questioned whether they can be met.
NBC News analyzed the four deals, which were signed from December 15 to 29 by localities and on January 8 by Ken Cuccinelli, the senior Trump official who serves as deputy secretary of homeland security. Two current Trump administration officials said more such deals had been signed by other states and municipalities.
One of the current officials said the documents were written for the sole purpose of delaying Biden’s immigration agenda by six months.
“The question is 110 percent to prevent the new government from doing anything for six months,” said one of the officials, adding that the broad language may prevent the agreements from being tried.
“It’s written so broadly that I can’t think of anything DHS would do that doesn’t fit that. But at the same time, it makes it potentially unenforceable,” added the official.
Rick Su, a professor of immigration law at the University of North Carolina, said, “They are trying to hamper the power of a subsequent administration. The federal government cannot resign or delegate its sovereign power in this way.”
A former Trump administration official called the legal deals “an attempt at undemocratic sabotage.” Another current official said the agreements would ensure that the states and local jurisdictions that sign them continue to provide information to Homeland Security that helps immigration agents to detain and deport potentially dangerous immigrants.
The Biden government said, among other changes in immigration policy, that it would like to end Trump’s “Stay in Mexico” policy, which keeps immigrants waiting in Mexico until their asylum cases are heard, to undo other policies that have made It is more difficult for immigrants to qualify for asylum and give participants in the Deferred Action for Childhood Arrivals program, known as Dreamers, permanent status to remain in the United States through the enactment of new laws. Biden also said he would create a task force to bring together migrant families separated by the Trump administration’s “zero tolerance” policy.
According to the agreements, all of these policies can be paralyzed if states argue that they were not consulted. The agreements stipulate that Homeland Security, even under new leadership, must provide local agencies with “180-day written notice … of the proposed action and an opportunity to consult and comment on the proposed action.”
Rockingham County sheriff Sam Page said his office signed the agreement only because it wants to be notified before the Biden administration changes immigration policies.
“I know that any new government is likely to make policy changes. Policy changes at the federal level affect us at the local level. … We are simply asking for a warning about these changes, ”said Page.
Cory Dennis, press secretary to Louisiana Attorney General Jeff Landry, said Landry’s office plans to be a “watchdog”.
“We signed this memorandum of understanding with the Department of Homeland Security because we want to continue to support efforts to stem the tide of illegal immigration,” said Dennis, adding: “Our office will continue to be a vigilant for any changes in immigration policies this may be harmful to the people of Louisiana. “
A spokeswoman for Indiana Attorney General Todd Rokita said she could not comment because the deal was signed by former state Attorney General Curtis Hill. Rokita took office on January 11.
Spokesmen for Homeland Security, the Arizona Attorney General and the Biden government did not immediately respond to requests for comment.
Regardless of whether agreements can be enforced in court, Su said, they open a window on how Republicans can try to fight the Biden government in immigration policy. “Republicans are going to retreat to states to contest through sensational processes,” he said.
