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AB 937 Page 7 Security Secretary John Kelly issued a pair of rrrenroianda changing immigration enforcement policy. Tn those memos, ",ecretary Kelly directed ICE to prioritise - Removable aliens who: (I) have been convicted of any criminal offense; (2) have been clanged with any critninaI offense that has not been resolved; (3) have committed acts which constitute a chargeable cril-rnnal ollcnsc; (4) have cn�rppcd in li-attd or willful nusrepresentation in connection with any official matter befiue it governmental agency; t5) lr<ave abused any program related to receipt of public bencfiis; (6) are subject to a final order ofrenxrval but have not complied widr then- lg4il obligation to depart the Tlnited States; or (7) in the judgnent of an inrrrigration officer, otherwise pose a risk To public safery or rvalional Scctav-v- (See John Kelly, Enforcement qJ the Immigrcrtion Luvcs to Serve the Narional Interest, U.S. Department ol'Homelan(i Security (Feb. 20. 2017) a( 2, as affable at httOSY/ut•ww.dlu.eov/sites/default/files/Dublicatioty/17 0220 S1 Erd��recrncnt-ol4ro- Tntrrriyni lio n-T Ar ws- to- Say c-thc-Nationa I-Tnta-cst-p(h C) ICE'.a rule ln-firrrrllJ� scrpurutions. On April 6, 2019, Attonrcy General Jctf Sessions notified all U.S. Attorney's Offices along the soutlnsest ba-der of a new "7cro-toler3nce policy" for both actual and attempted illegal entry into the United States by any individual, as provided under 8 T1.S.C- Scetion 1325(a)- The 7uro-tole anec policy directed these IT-S- Attorney's Offices (which included speciScd districts in California, Arizona. New Mexico, and Texas) To adopt a policy of prosecutnrg all Deparhrx;nt of Honx;land Security (DHS) referrals of illegal entry or atlarllted illegal entry to the extent practicable. (Atrornt'v General Announces Zcro-Tolerance Tonic- for CriminalIllegal fain ,U.S. Department ofRNUCe OIHce OfPublic Alums (Apr. 2018). available (it Ines//www.justice.goy/op r/nr/atto1-neY-6eneral-aruiounc•.es-rero-llert ice -polio criniLaal fldeeal-entry.) On May 7, 2018, Sessions elaborated on the policy by staling, "If you are snuggling a child then we will prosecute yotL, arud that child will be separated from -you as required by law. If you don'l like Thal, then don'l smuggle children over our border." (Attor•nev General Sessions Delivers Remarks Diseussirr = the Immi<_vrrtion EnJureemenI 21c tions al the Tramp Administration, t- S- Department of,ltrstice Office of Public Affairs (May 2018), available at httnsJ/www.justice._ov/opalspeech/attorney-general-,essions-delivers-renvarks- discu;sink-irimiknadon-cnforcemcnt-actions.) Unaccompanied rrvnois taker into DI IS custody arc supposed robe n-anstcrred to the custody of the 011ice ol'Relhgee Reseulen-rent (ORR) within the Department ol•Health and Htmxrn Services. )RR is then required to care for the cltildren in accordance with The Plures Settlernent Agteeinent. ' lris Agreement sets the minimum nationwide tandards fur the detention, housing, and release ofnon-cid/en juveniles who are delained by the govenrnem and, according to the North Cir tiff United StateS Coup of Appcai;, "obliges the govertrrx rn to pursue. a 'general policy favoraig release' of sru;h juveniles." (Bore-r S< ss•ions (9111 Cir. 2017) 862 F.3d 863 J 1•Yures created a presumption in filvor of release of the detained minor, and particularly favors icicasc that results in famly ramification. The Agrecmcnt provides that, unless immignrtion authorities determine the detention of a minor is required to secure the minor's timely appearance betirre the immigration court, or to ensure the Satiny of the minor irr others, the authorities mast rcicase the minor fi-nnn then- custody without unnecessary delay, to a parent, legal ettiudian, or other person or entity as specified. Ubid.) Instead, as a result of the 'lnunp admiuistratious zero -tolerance policy, thousands ofchildren were scoaralcd li•om their uarentS arui housed ill MUD faeilltiCS while their parents faced pro- itrji(lidodirvoileprl entry nnto the linited n>ity ultnilately res611`420]k1