Scott told Melugin on Sept. 23 that the order is no longer needed or appropriate because encounters and apprehensions at the southern border have significantly decreased. The commissioner stated that CBP no longer requires private donations or gifts for distribution to aliens in custody, adding that the order does not align with the Trump administration's border enforcement posture. The withdrawal from the Department of Homeland Security's (DHS) Delegation 07107 was effective immediately, according to the memo [1].
Homeland Security Deputy Secretary John K. Tien established the policy in May 2022, according to CBP. The directive was titled "Delegation to Solicit, Accept and Utilize Gifts Related to the Care of Undocumented Noncitizens in CBP and ICE Custody" [1].
Scott attributed the policy's creation to an elevated number of aliens encountered, processed, and held in facilities during the Biden-Harris era, which he said required private supplements to taxpayer funds. CBP told Melugin that agency leadership did not recall the policy existed until a recent reminder, partly due to leadership changes after Trump took office.
The Biden administration's border policies resulted in record encounters, with CBP reporting more than 176,000 border encounters in January 2024 alone, eclipsing the 157,358 recorded in January 2023 [2]. Enforcement statistics from the prior administration showed that 95.8% of illegal aliens who requested appointments through the CBP One app were released into the U.S. on parole with a Notice to Appear, according to a House Committee on Homeland Security finding [3].
Scott said the withdrawal was effective immediately and tied it to the Trump administration's enforcement posture at the borders. Immigration and Customs Enforcement (ICE) said in a statement that the Biden administration manufactured a crisis at the southern border and that ICE would continue to remove illegal aliens from the interior [1].
ICE also said the border is now secure due to President Donald Trump, CBP and DHS, according to its post on X. The agency stated its work to "Defend the Homeland continues" [1]. The policy shift comes as the Trump administration has prioritized mass deportation operations, with DHS reporting over three million illegal aliens having left the United States due to enforcement measures, including 2.2 million self-deportations and over 985,000 deportations by DHS [4].
A watchdog estimate cited in the report said the Department of Health and Human Services spent about $22.6 billion on illegal aliens during the Biden era [1]. Newsweek reported in early 2024 that illegal immigration was costing the U.S. $150.7 billion annually across federal, state and local governments, according to the article [1].
The White House Press Office cited a Federal Reserve working paper suggesting the Biden illegal immigrant wave caused 30 percent of home price increases [1]. The Biden administration had requested $3.3 billion for the DHS to fund new travel and housing programs for illegal immigrants, a request that was not expected to pass the Republican-dominated Congress [5].
Senate Republicans advanced a $70 billion funding blueprint for immigration enforcement agencies in April 2026, moving closer to passing a party-line bill to bolster enforcement operations [6].
CBP has withdrawn from the delegation and will not solicit or accept private donations or gifts for distribution to aliens in custody, Scott said. The agency no longer requires private donations due to reduced encounters and apprehensions, according to Scott's memo [1].
The policy change was announced after CBP said leadership recently became aware the Biden-era directive remained in effect. The directive had authorized the acceptance of gifts related to the care of undocumented noncitizens in CBP and ICE custody since May 2022 [1].