Immigration and Customs Enforcement (ICE) announced Friday that it has not yet released the identities of the two Jordanians who attempted to infiltrate a Marine Corps base in Virginia. Former officials say there are many possibilities in the case.
ICE said in a statement: “We are unable to proactively release the person’s name because it may affect the removal process.”
Authorities confirmed Thursday that there was an attempted break-in on May 3 at Marine Corps Base Quantico in Virginia. A Marine Corps base spokesperson said two people in a box truck were stopped at the gate.
The driver allegedly told military police that the delivery was for the post office and that he worked for an Amazon subcontractor.
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Vehicles passing through the main gate of Marine Corps Base Quantico (Matthew Kavanaugh/Getty Images)
“At that time, one of the military police officers noticed that the driver, ignoring the officer’s direct instructions, continued to move the vehicle beyond the staging area and was attempting to enter Marine Corps Base Quantico,” Spokesman Michael said. Captain Curtis said. In a statement.
Authorities arrested him for trespassing and then turned him over to ICE. ICE confirmed the arrest of two Jordanian non-nationals in a statement and said they were being held in an Enforcement Removal Operation (ERO), but did not provide further information about the incident.
“Regardless of nationality, ICE makes custody decisions on a case-by-case basis, consistent with U.S. law and Department of Homeland Security (DHS) policy and considering the circumstances of each case. ICE officers will Make decisions about enforcement actions and enforcement actions. Apply prosecutorial discretion in a responsible manner based on our experience as law enforcement professionals and in a manner that best protects the communities we serve. ” said the spokesperson.
The White House also declined to comment, saying this is a law enforcement matter. This came hours after Acting ICE Director Patrick Rechleitner said he was familiar with the case and that the two nationals were in deportation proceedings, but had no further comment. I didn’t.
Former officials who spoke to Fox News Digital said the agency is restricted by Regulation 8 CFR 208.6, which generally prohibits disclosure of information about asylum applications or reliable fear determinations to third parties, except in limited circumstances. It was pointed out that
“This regulation prohibits information that, if publicly disclosed, could subject the plaintiff to retaliatory action by government authorities or non-state actors if the plaintiff were repatriated, or to family members of the plaintiff still residing in the country. It protects information that could jeopardize the safety of your country of origin. DHS says of regulation. There are also similar Department of Justice regulations.
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Patrick Lechleitner, acting deputy director of U.S. Immigration and Customs Enforcement, listens during a press conference at the Department of Justice on September 13, 2022 in Washington. (AP Photo/Jose Luis Magana, File)
Former officials said this likely meant one or both of the nationals had pending asylum claims, and noted that releasing the information could affect efforts to remove them.
“They probably applied for asylum or were already applying for asylum,” Tom Homan, former acting ICE director, told Fox News Digital. “In short, ICE protects information based on [the regulation]. ”
However, Homan noted that the DHS secretary has the authority to override the regulation if there is derogatory information about a citizen, such as if they have a past criminal or terrorism charge or conviction.
If that’s the case, Homan said, DHS should bypass regulations and provide the information.
“If there is disparaging information that they are a terrorist threat, I think the Secretary has an obligation to override Article 8 of the CFR. We have a right to know and that will provide further evidence.” Our borders are open to those who wish to harm us. ”
He said the impact on asylum applications would be irrelevant if there was any derogatory information against the nationals.
“If there is derogatory information, I believe the Secretary should override 8 CFR in the interest and security of America. [derogatory information] “As for them, it’s not like we’re going to release them into the United States anyway. I don’t care about their asylum case at that point,” he said. Something a little more important than that. ”
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Special Agent of U.S. Immigration and Customs Enforcement (ICE) (Smith Collection/Gado/Getty Images)
John Fabricatore, a former ICE field office director who is currently running for Colorado Congress as a Republican, agreed with Homan’s assessment. But he said ICE could still be more proactive in providing information.
“If it’s an asylum application, I think ICE should just come out and say, ‘Because of the asylum application, we’re not going to release these two people’s names, but these two people are “These are people who crossed the border illegally,” or who entered the country as students and then applied for asylum, he said. “I don’t think it would be a negative thing to at least let the public know what the method of entry was.”
“I think they probably entered the country illegally across the southern border, so I don’t think they’ll release it,” he said.
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Fabricatore, author of the new book DE-ICED, says the only way ICE would know about their immigration history is if they somehow entered the U.S. undetected with the intent to flee. He said that.
“But it’s even more alarming. If these two were fugitives and tried to get into a military base in a truck, that’s even more alarming, right?” he said.
Get the latest information on the ongoing border crisis from the Fox News Digital Immigration Hub.
Fox News’ Bill Melugin and Griff Jenkins contributed to this report.
