After September 11, 2001, the Immigration and Naturalization Service (INS) was dissolved. The INS was accused of failing to prevent terrorists from entering the country.
In response to this issue, Congress voted in the “Patriot Act,” which created a new agency to deal with the threat of foreign threats: the Department of Homeland Security (DHS).
The DHS is made up of three parts:
- U.S. Immigration and Customs Enforcement (ICE)
- U.S. Citizenship and Immigration Services (USCIS)
- U.S. Customs and Border Protection (CBP)
ICE is the DHS’s policing arm. ICE could be thought of as the “immigration enforcers,” investigating such crimes as: drug and gun smuggling, passport fraud, human trafficking, money laundering, child pornography, terroristic threats, and more.
On its website, ICE states that its mission is, “to protect America from the cross-border crime and illegal immigration that threaten national security and public safety. This mission is executed through the enforcement of more than 400 federal statutes and focuses on immigration enforcement and combating transnational crime.”
Between October 1, 2020 and September 30, 2021, ICE:
- Seized 2.4 million pounds of illegal narcotics
- Made 12,025 felony arrests and 74,082 administrative arrests
- Deported 2,718 gang members
- Assisted 728 human trafficking victims
- Seized $58 million in illicit COVID-19 proceeds
- Deported 59,011 people
- Seized $973 million in fraudulent currency and related assets
What Powers Does ICE Have?
As noted above, ICE acts as the enforcement arm of the DHS. ICE can detain an individual who is a suspected:
If an individual is suspected of breaking immigration laws, they can be detained by ICE for 48 hours without a search warrant. They may be detained for a longer period if there is an emergency situation.
After 48 hours, ICE has to either release the detainee or begin the deportation process. The person who is detained can challenge their detention by arguing that they are not an illegal immigrant, terrorist, human trafficker, or a member of a group ICE is permitted to deport.
If legal complications arise, the detainment can be extended for a long time. After six months, the detainee is allowed to demand a court hearing.
If someone who has been detained cannot go back to their country of origin, an indefinite detention may occur. In these situations, detainees are allowed to ask for a writ of habeas corpus that challenges the detainment in court.
It is important to be aware that Miranda warnings may not apply to immigration arrests, as removal proceedings are classified as civil and not criminal. However, detainees do have the right to invoke their right to remain silent.
When ICE asks about someone’s immigration status or to conduct a search, they can verbally state they do not provide consent. Additionally, no detainee should sign any document without having it reviewed by an attorney. These types of precautions should be taken because a noncitizen still has specific Fourth and Fifth Amendment protections.
How Is ICE Organized?
With an annual budget exceeding more than $5.7 billion and more than 20,000 employees with backgrounds in the military, law enforcement, law, government, and management, ICE has become a major federal law enforcement agency. ICE operates throughout the United States and in 47 foreign countries
It is organized into two principal operating components:
- Enforcement and Removal Operations (ERO): ERO is responsible for paying particular attention to fugitives and illegal aliens who pose a threat to national security, as well as individuals who recently crossed the border. The ERO is also responsible for managing aliens in custody.
- Homeland Security Investigations (HSI): HSI is responsible for investigating terrorists and other criminal organizations. HSI is responsible for investigating weapons and contraband smuggling, human smuggling, financial crimes, and, of course, immigration crime.
Within those operating components, ICE is composed of various additional divisions. Some of these are:
- The Office of Federal Protective Service is the security guard for all federal buildings and facilities.
- The Office of Investigations is the “FBI” arm for ICE, analyzing and investigating immigration violations, contraband and money laundering, and other crimes.
- The Office of Detention and Removal Operations detains illegal aliens in immigration jails and works to deport them.
- The Office of Congressional Relations reports ICE’s goals, policies, and activities to Congress
ICE’s website maintains a tip line where you can report suspicious activity, a page where you can find out where a particular detainee is being held, a victims’ hotline, a page where you can check in about your own immigration status, and a page linking visitors to the Student Exchange and Visitor Program.
What Immigration Services Does the ICE Provide?
ICE maintains the Student and Exchange Visitor Information System (SEVIS), a computerized tracking system collecting and maintaining personal information about international students attending U.S. schools and colleges. School officials are responsible for inputting student information into SEVIS, and students are responsible for updating any of their own changed information.
SEVIS is not meant to help students; rather, it is used to keep track of them and deport them if they violate their visa status. ICE uses the information that universities and colleges input into the SEVIS system to keep tabs on student addresses, enrollment, courses of study, employment, and conformity with the terms of their status.
What Criticisms Does ICE Face?
ICE is the branch of the DHS which enforces immigration laws. As such, ICE has the power to apprehend persons suspected of being in the country without the proper documents. ICE has been criticized for the way it detains illegal immigrants, especially young women and children. Since these individuals are held in the same custodial facilities as child molesters and human traffickers, stories about sexual attacks have become unfortunately common.
In 2021, an ICE-supervised private immigration jail in Arizona was found to have violated COVID-19 protocols (failing to wear masks, for example), leading to a massive spread of the virus within the jail. It also refused to provide medical attention to prisoners, including cancer medication to a man whose leukemia medicine ran out. Prisoner’s rights are, therefore, a major point of debate about ICE.
Another point of contention is that prisoners held by ICE have no right to legal representation, a fact which puts the prisoners at a great disadvantage.
Moreover, adults are often arrested and jailed for immigration violations, separating parents from their children. Immigration issues should be separated from criminal enforcement, argue some. ICE officers say they’re doing the same job they did before the 2016 election — enforcing U.S. laws that were on the books long before 2016 and prioritizing criminals. But they have also increased arrests of people who have no U.S. criminal record. It is those stories of ICE officers arresting grandmothers that has put ICE in the news.
What Criminal Procedure Does ICE Have To Follow When Making an Arrest?
ICE can detain a suspect for 48 hours without a warrant, and longer in an emergency. At the end of the 48 hours, ICE must either release the alien or begin the procedures for the person’s deportation. ICE can hold a person for up to six months in custody before deporting them.
Rather than jailing them, if it chooses to do, so ICE can release detainees on a bond. Detainees have the ability to challenge the amount of the bond at a court hearing. Detained persons can also challenge their detention by arguing that they are not a terrorist, an illegal immigrant, human trafficker, or any of the other groups the ICE has the power to detain.
What Types of Evidence (Documents) Are Required In Court for a Deportation or Removal Case?
When someone is involved in a deportation or removal case, it is very important to have certain documents available that can help the detainee establish credibility in addition to supporting the claims that are made in their case. Examples of common categories of documents that can be required and helpful include:
- Personal identification documents, such as:
- birth certificates
- marriage certificates
- government-issued IDs that establish identity and connections in the U.S.
- Proof of physical presence, such as:
- employment records
- lease agreements
- utility bills that show residence in the U.S. for a certain period
- Proof of family ties that demonstrate someone’s relationships to citizens or permanent residents.
- They may include marriage certificates or birth certificates of children who were born in the United States.
- Proof of good moral character, such as:
- letters of recommendation
- criminal background checks
- certifications of community service
- Evidence of hardship, which may include:
There may also be other types of documents that an individual must submit, depending on the issues and facts of their case. Because of the potential for changes in immigration laws in addition to the various documents that may be required, it is essential to have assistance from an immigration attorney.
What If My Home Country Will Not Let Me Back In?
Many individuals detained by ICE cannot go home because their government will not let them back in the country. This is usually because the alien has a criminal record in their home country. This situation has led to people being held by ICE in jail indefinitely.
The catch in this policy is that aliens can be held even without a trial. The Supreme Court has held that these individuals can demand a writ of habeas corpus after six months. A writ allows the alien to challenge their arrest in court.
What Immigration Laws May Apply to Removal and Deportability Grounds?
The Immigration and Nationality Act (INA) is a broad law that applies to most immigration issues. There are also additional executive orders that may apply to an individual’s immigration situations, which include:
Executive Order Realigning the United States Refugee Admissions Program (USRAP)
USRAP places limits on those who can seek entry into the U.S. In certain situations, refugees can be admitted on a case-by-case basis. At this time, USRAP is suspended indefinitely.
Executive Order Protecting the American People Against Invasion
This order gives information and policies that are related to enforcing deportation and removal, unlawful presence for those present in the U.S. unlawfully, as well as enforcement of illegal entry. This order also expands expedited removal.
Executive order Protecting the Meaning and Value of American Citizenship
This order ends birthright citizenship. The term anchor baby status may also be used for babies who are granted birthright citizenship.
Birthright citizenship is the term for when a child is automatically given citizenship after being born in the United States. One parent of the child must be a permanent resident or citizen of the United States under this order for birthright citizenship to be provided.
When one parent is in the United States on a temporary visa, the child will not be given birthright citizenship. The order is not currently in force due to an injunction.
Executive Order Guaranteeing the States Protections Against Invasion
This order prohibits people from entering the United States at the southern border. However, an applicant can also be admitted on a case-by-case basis by the Secretary of State and Department of Homeland Security (DHS).
All immigration laws can have a direct effect on someone’s immigration, removal, and deportation. It is essential to be aware that immigration laws may be changed and updated any time, especially when there are changes in presidential administrations.
Because of this potential for change, having an immigration lawyer help with any immigration issue is very important. This applies especially to removal and deportation because this can affect the lives of the individual and their loved ones.
Do I Need a Lawyer for Help with ICE Issues?
As ICE itself reports, it has more than 400 federal statutes at hand to use to arrest you, detain you, and remove you from the country. It could be dangerous not to hire a lawyer if only to even out the odds. Keep in mind that, during any immigration hearing, the United States will be represented by an attorney throughout the course of the trial.
That will be an attorney who handles only that type of case. You will likely feel more comfortable and less intimidated by the process if you have your own experienced, knowledgeable immigration attorney to protect you while ICE tries to deport you.
In only 15 minutes, you can use the free online attorney matching services that are provided by LegalMatch to locate an immigration lawyer near you who can help you with your ICE issue. LegalMatch allows you to select your language needs to ensure you can communicate clearly with your attorney.
There are also numerous LegalMatch lawyers who provide potential clients with free initial consultations. When you use LegalMatch, you can locate a licensed and prescreened immigration lawyer who speaks your native language for free.
