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Immigration and Customs Enforcement (ICE) is not releasing the identities of two Jordanian nationals who attempted to breach a Marine Corps base in Virginia in order to protect their removal proceedings. The individuals were arrested for trespassing and turned over to ICE after trying to enter the base in a box truck claiming to be making a delivery. ICE confirmed the arrest of the two Jordanian noncitizens and said they were in enforcement and removal operation (ERO) custody but did not provide further details about their cases. Former officials noted that officials are limited by regulation 8 CFR 208.6 which generally blocks disclosure of information to third parties regarding asylum applications and credible fear determinations.

Former officials speculated that one or both of the nationals have an asylum claim pending, which is why ICE is not releasing their identities. They noted that releasing the information could impact efforts to remove them if they have an asylum claim. However, if there is derogatory information about the nationals, such as prior criminal or terrorist charges or convictions, the Department of Homeland Security (DHS) secretary has the authority to override the regulation. Former officials suggested that if the individuals are deemed a terror threat, the regulation should be overridden for the safety and security of the United States.

John Fabbricatore, a former ICE field office director running for a congressional seat, agreed with the assessment that ICE could still be more forthcoming with information about the case. He suggested that if the individuals entered the U.S. illegally over the southern border, ICE should disclose that information to the public. Fabbricatore expressed concern that if the individuals managed to enter the U.S. undetected and tried to breach a military base, it would be even more alarming. This highlights the potential security risks associated with individuals who enter the country undetected and attempt to access sensitive locations.

Former acting ICE Director Tom Homan emphasized the importance of prioritizing the safety and security of the United States over the impact on any asylum case for individuals with derogatory information. Homan stated that if there is derogatory information about the nationals, such as being a terror threat, the Secretary of DHS should override the regulation and provide the necessary information to the public. The purpose of disclosing such information is to ensure that the American people are informed about potential security risks posed by individuals who enter the country illegally and engage in suspicious activities.

The attempted breach at the Marine Corps base in Virginia has raised concerns about the immigration history of the two Jordanian nationals involved. ICE’s decision not to release their identities for their protection due to ongoing removal proceedings has sparked debate among former officials and experts who believe that the safety and security of the United States should take precedence over individual asylum claims. The case underscores the potential risks associated with individuals who enter the country undetected and engage in suspicious activities, highlighting the need for transparency and accountability in immigration enforcement processes to safeguard national security.

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