DHS’s stance was articulated in two memorandums: (1) the Memorandum from Donald Neufeld, Acting Assoc., Dir., Domestic Operations Directorate, et al., to USCIS Field Leadership, at 16, 17 (May 6, 2009), reprinted in 86 Interpreter Releases, No. 20 May 18, 2009, app. [read post]

On Jan. 27, 2009, Donald Neufeld, Acting Associate Director for Domestic Operations, USCIS, Department of Homeland Security, concluded that the U.S. is “not in a ‘state of war’ as that term is used in the [statute],” because that term in that statute “means a congressionally declared state of war,” and neither the 2001 Authorization for Use of Military Force against various terrorist groups, nor the 2002 Authorization for Use of Military Force… [read post]