On December 9, 2009, Immigration and Customs Enforcement announced a new policy regarding the custody of aliens coming to the border to seek asylum. I wrote about the policy change with great excitement when it was announced. The memo states:
Each alien’s eligibility for parole should be considered and analyzed on its own merits and based on the facts of the individual alien’s case. However, when an arriving alien found to have a credible fear establishes to the satisfaction of DRO [Detention and Removal Operations] his or her identity and that he or she presents neither a flight risk nor danger to the community, DRO should, absent additional factors, parole the alien on the basis that his or her continued detention is not in the public interest.