On November 6, 2007, the U.S. Immigration and Customs Enforcement (ICE) policy division provided policy guidance to the Detention and Removal Operations (DRO) Field Office personnel for exercising their discretion to consider parole requests by arriving aliens processed under the expedited removal provisions of Section 235 of the Immigration Nationality Act (INA) who have been found to have a “credible fear” of persecution or torture by USCIS or an immigration judge.

The Directive does not apply to aliens in DRO custody under INA Section 236(a). It applies only to arriving aliens who have been found by USCIS or an Immigration judge to have a “credible fear” of persecution or torture. The applicable regulations describe five categories of aliens who, on a caseby- case basis and depending upon whether the alien presents a flight or security risk, may meet the parole standards. These categories can be found in 8.C.F.R. § 212.5(b).

The new policy, which became effective on November 6, 2007, states that a decision to grant or deny parole shall be initially prepared by a DRO officer assigned such duties within his or her respective DRO Field Office. The decision will pass through at least one level of supervisory review and must be finally approved by the Field Office Director (FOD) or Deputy FOD, where authorized by the FOD.