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35 IELR 221 (2019)
Migration Enforcement

handle is hein.journals/ielr35 and id is 233 raw text is: INTERNATIONAL ENFORCEMENT LAW REPORTER - Volume 35, Issue 6 access to e-evidence currently being discussed by the EU institutions and on which the Council has adopted its position in December 2018 and March 2019.16 As part of the negotiating mandates, the Council emphasized the need for the agreements to be compatible with the EU legislation on access to e-evidence currently being discussed. The Council also underlined its wish to be closely involved in the preparation and conduct of these negotiations. The European Data Protection Supervisor observes that the agreement relies on the Umbrella Agreement which did not include many of the points he raised.17 It should also be noted that the EU has yet to adopt its own measures on e- evidence - the European Parliament has yet to adopt its position. The Council adopted conclusions on the way forward with regard to the retention of electronic communication data for the purpose of fighting crime. The Council noted that data retention is an essential tool for investigating serious crime efficiently, but one whose use should be guided by the need to protect fundamental rights and freedoms.18 The Council requests the European Commission to prepare a comprehensive study in accordance with Art. 241 TFEU on possible solutions for retaining data, including the consideration of a future legislative initiative. Besides the outcome of the consultations, such study should also 16 Michael Plachta, European Commission Recommends Negotiating a Treay iwiith US on Access to Electronic Evdence, 34 Int'l Enforcement L. Reporter 78-80 (2019). 17 EDPS Opinion on the negotiating mandate of an EU- US agreement on cross-border access to electronic evidence, Opinion 2/2019, April 2, 2019. 18 Council doc. 9663/19. take into account: (i) the evolving case-law of signed a two-year agreement with Guatemala the Court ofJustice and of national courts relevant for data retention; and (ii) the outcomes of the common reflection process in the Council.19 The Council adopted a general approach on the Annexes I, II and III of the regulation on European Production and Preservation Orders for e-evidence.20 The general approach on the main part of the regulation was reached in December 2018.21 The annexes include dedicated forms to be used for the transmission of the production and preservation orders foreseen in the regulation. The forms will be sent to a service provider offering services in the Union or to a legal representative designated by the service provider and located in a Member State. VII. MIGRATION ENFORCEMENT Trump Administration Concludes Migration Enforcement Accords with Guatemala and Mexico By Bruce Zagaris On June 1 and 7, 2019, the Trump Administration concluded migration enforcement agreements with Guatemala and Mexico. Guatemala On June 1, 2019, Kevin K. McAleenan, the acting secretary for the Department of Homeland Security (DHS), 19 Id., at 6. 20 Council doc. 9365/19. to send up to 80 homeland security agents to Guatemala to help train the local authorities and combat human trafficking rings.1 DHS officials will work as advisers to Guatemala's national police and migration authorities, attempting to disrupt and interdict human smuggling operations. The idea is to cut off popular routes to the U.S. and deter migrants from starting their trips north through Mexico.2 The U.S. and Guatemala have signed a Memorandum of Cooperation. DHS says the agreement permits concrete actions including law enforcement training and collaboration to improve criminal investigations.3 In a predawn raid on May 29, the investigators jointed Guatemalan policy to break a human trafficking ring. Guatemala served 10 arrest warrants, including for Luis Augusto Torres Rosales, known as Bimbo. Authorities suspect him of illegally transporting dozens of migrants from El Salvador and Honduras through Guatemala to Mexico. According to McAleenan, his agency is sending dozens of Border Patrol agents to Guatemala to help the local authorities build checkpoints and ensure incoming migrants from Honduras or El Salvador are carrying legal immigration documents. The U.S. agents will move from their current stations along the U.S. northern and southwestern borders to Guatemala.4 1 Zolan Kanno-Youngs, U.S. Offers Securiy Aid, but No Funds, to Curb Guatemala Migration, N.Y. TIMES, June 2, 2019, at 19, col. 1. 2 Nick Miroff and Kevin Sieff, U.S. nilldeploy DHS agents and investigators to Guatemala-Mexico border, WASH. POST, June 1, 2019, at A13, col. 1. 21 Michael Plachta, EU Council Makes Progress on Migration, Terrorism, E-Edence and VariousJustice 3 Id and Lay Enforcement Issues, 34 INT'L ENFORCEMENT L. REPORTER 593-595 (2018). Kanno-Youngs, supra. 221

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