In a recent development, Immigration and Customs Enforcement (ICE) has refrained from disclosing the identities of two Jordanian nationals who were apprehended while attempting to infiltrate a Marine Corps base in Virginia.
The agency's decision has sparked speculation among former officials about the nature of the case.
ICE stated, "We cannot proactively release the names, as this could potentially affect their removal proceedings." The incident in question occurred on May 3 at the Quantico Marine Corps Base in Virginia. The base's spokesperson confirmed that two individuals in a box truck were intercepted at a gate.
The driver reportedly informed the military police officers that they were delivering to the post office and were employed by a company subcontracted by Amazon. "It was at that time, one of the military police officers noticed the driver, ignoring the direct instructions of the officers, continued to move the vehicle past the holding area and attempted to access Marine Corps Base Quantico," said spokesperson Capt. Michael Curtis.
Following their arrest for trespassing, the individuals were handed over to ICE. The agency confirmed the arrest of two noncitizen Jordanians and stated that they were in Enforcement and Removal Operation (ERO) custody. However, ICE did not disclose further details about their cases.
"Regardless of nationality, ICE makes custody determinations on a case-by-case basis, in accordance with U.S. law and U.S. Department of Homeland Security (DHS) policy, considering the circumstances of each case," a spokesperson said.
The White House refrained from commenting on the matter, citing it as a law enforcement issue. This came after acting ICE Director Patrick Lechleitner acknowledged his familiarity with the case and confirmed that the two nationals were in removal proceedings.
Former officials who spoke to Fox News Digital pointed out that officials are bound by regulation 8 CFR 208.6, which generally prevents the disclosure of information related to asylum applications and credible fear determinations to third parties, except in limited circumstances.
"This regulation safeguards information that, if disclosed publicly, could subject the claimant to retaliatory measures by government authorities or nonstate actors in the event that the claimant is repatriated, or endanger the security of the claimant's family members who may still be residing in the country of origin," DHS explained.
Former officials suggested that this likely indicates that one or both of the nationals have a pending asylum claim, and that releasing the information could hinder efforts to remove them.
"They probably made a claim of asylum, or they already had an asylum claim made," former acting ICE Director Tom Homan told Fox News Digital. "So ICE is protecting 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 the nationals, such as previous criminal or terrorist charges or convictions.
"I think if there's derogatory information, these guys are a terror threat then the Secretary has a duty to override 8 CFR. The American people have a right to know, are there terrorists in this country, and it'd be further proof that the border is open to those who want to do us harm," Homan said.
John Fabbricatore, a former ICE field office director now running for a congressional seat in Colorado as a Republican, concurred with Homan's assessment. He suggested that ICE could be more transparent with the information.
"I don't think they're releasing it because I believe that they probably entered illegally over the southern border," he said.
Fabbricatore, author of the new book "DE-ICED," suggested that the only scenario in which ICE wouldnt know their immigration history is if they had managed to enter the U.S. undetected.
"But that's even more alarming. If these two were gotaways and got in a truck and tried to enter a military base, that's even more concerning, right?" he said.
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