Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of Aliens

[Used to be broken 147]

http://www.ilw.com/immigrationdaily/news/2010,1020-memo.pdf

MEMORANDUM FOR: AII ICE Employees

FROM: John Morton Assistant Secretary

SUBJECT: Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of Aliens

Purpose

This memorandum outlines the civil immigration enforcement priorities of U.S. Immigration and Customs Enforcement (ICE) as they relate (0 the apprehension, detention, and removal of aliens. These priorities shall apply across all ICE programs and shall infonn enforcement activity. detention decisions, budget requests and execution. and strategic planning.

A. Priorities for the apprehension, detention. and removal ofaliens

In addition to our important criminal investigative responsibilities, ICE is charged with enforcing the nation's civil immigration laws. This is a critical mission and one with direct significance for our national security, public safety, and the integrity of our border and immigration controls. ICE, however, only has resources to remove approximately 400,000 aliens per year, less than 4 percent of the estimated illegal alien population in the United States. In light of the large number of administrative violations the agency is charged with addressing and the limited enforcement resources the agency has available, ICE must prioritize the usc of its enforcement personnel, detention space, and removal resources to ensure that the removals the agency does conduct promote the agency's highest enforcement priorities, namely national security, public safety, and border security.

To that end, the following shall constitute ICE's civil enforcement priorities, with the first being the highest priority and the second and third constituting equal, but lower, priorities.

Priority 1. Aliens who pose a danger to national security or a risk to public safety

The removal of aliens who pose a danger to national security or a risk to public safety shall be ICE's highest immigration enforcement priority. These aliens include, but are not limited to:

www.ice.gov

Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of

Aliens Page 2

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aliens engaged in or suspected ofterrorism or espionage, or who otherwise pose a danger to national security;

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aliens convicted ofcrimes, with a particular emphasis on violent criminals, felons, and repeat offenders;

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aliens not younger than 16 years ofage who participated in organized criminal gangs;

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aliens subject to outstanding criminal warrants; and

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aliens who otherwise pose a serious risk to public safety. I

For purposes of prioritizing the removal ofaliens convicted ofcrimes. ICE personnel should refer to the following new offense levels defined by the Secure Communities Program, with Level I and Level 2 offenders receiving principal attention. These new Secure Communities levels are given in rank order and shall replace the existing Secure Communities levels of offenses.2

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Level I offenders: aliens convicted of"aggravated felonies," as defined in § IOI{a){43) ofthe Immigration and Nationality Act,3 or two or more crimes each punishable by more than one year. commonly referred to as "felonies";

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Level 2 offenders: aliens convicted ofany felony or three or more crimes each punishable by less than one year, commonly referred to as "misdemeanors"; and

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Level 3 offenders: aliens convicted ofcrimes punishable by less than one year.4

Priority 2. Recent illegal entrants

In order to maintain control at the border and at ports ofentry, and to avoid a return to the prior practice commonly and historically referred to as "catch and release," the removal ofaliens who have recently violated immigration controls at the border, at ports ofentry, or through the knowing abuse of the visa and visa waiver programs shall be a priority.

Priority 3. Aliens who are fugitives or otherwise obstruct immigration controls

In order to ensure the integrity of the removal and immigration adjudication processes, the removal ofaliens who are subject to a final order ofremoval and abscond, fail to depart, or intentionally obstruct immigration controls, shall be a priority. These aliens include:

I This provision is not intended to be read broadly, and officers, agents, and attorneys should rely on this provision

only when serious and articulable public safety issues exist.

2 The new levels should be used immediately for purposes ofenforcement operations. ORO will work with Secure

Communities and the Office ofthe Chief Information Officer to revise the related computer coding by October I,

2010.

3 As the definition of"aggravated felony" includes serious, violent offenses and less serious, non-violent offenses.

agents. officers. and attorneys should focus particular attention on the most serious ofthe aggravated felonies when

prioritizing among level one offenses.

4 Some misdemeanors are relatively minor and do not warrant the same degree offocus as others. ICE agents and

officers should exercise particular discretion when dealing with minor traffic offenses such as driving without a

license.

Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of Aliens Page 3

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fugitive aliens, in descending priority as follows:s

o fugitive aliens who pose a danger to national security;

o fugitives aliens convicted of violent crimes or who otherwise pose a threat to the community;

o fugitive aliens with criminal convictions other than a violent crime;

o fugitive aliens who have not been convicted of a crime;

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aliens who reenter the country illegally after removal, in descending priority as follows:

o previously removed aliens who pose a danger to national security;

o previously removed aliens convicted ofviolent crimes or who otherwise pose a threat to the community;

o previously removed aliens with criminal convictions other than a violent crime;

o previously removed aliens who have not been convicted ofa crime; and

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aliens who obtain admission or status by visa, identification, or immigration benefit fraud.6

The guidance to the National Fugitive Operations Program: Priorities, Goals and Expectations, issued on December 8, 2009, remains in effect and shall continue to apply for all purposes, including how Fugitive Operation Teams allocate resources among fugitive aliens, previously removed aliens, and criminal aliens.

B. Apprehension. detention. and removal ofother aliens unlawfully in the United States

Nothing in this memorandum should be construed to prohibit or discourage the apprehension, detention, or removal of other aliens unlawfully in the United States. ICE special agents, officers, and attorneys may pursue the removal ofany alien unlawfully in the United States, although attention to these aliens should not displace or disrupt the resources needed to remove aliens who are a higher priority. Resources should be committed primarily to advancing the priorities set forth above in order to best protect national security and public safety and to secure the border.

C. Detention

As a general rule, ICE detention resources should be used to support the enforcement priorities noted above or for aliens subject to mandatory detention by law. Absent extraordinary circumstances or the requirements of mandatory detention. field office directors should not expend detention resources on aliens who are known to be suffering from serious physical or mental illness. or who are disabled. elderly. pregnant. or nursing. or demonstrate that they are

S Some fugitives may fall into both this priority and priority 1.

6 ICE officers and special agents should proceed cautiously when encountering aliens who may have engaged in

fraud in an attempt to enter but present themselves without delay to the authorities and indicate a fear of persecution

or torture. See Convention relating to the Status of Refugees, art. 31, opened/or signalure July 28, 1951, 19 V.S.T.

6259, 189 V.N.T.S. 137. In such instances, officers and agents should contact their local Office of the Chief

Counsel.

Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of Aliens Page 4

primaQ' caretakers ofchildren or an infirm person, or whose detention is otherwise not in the public interest. To detain aliens in those categories who are not subject to mandatory detention, ICE officers or special agents must obtain approval from the field office director. If an alien falls within the above categories and is subject to mandatory detention, field office directors are encouraged to contact their local Office of Chief Counsel for guidance.

D. Prosecutoria[ discretion

The rapidly increasing number of criminal aliens who may come to ICE's attention heightens the need for ICE employees to exercise sound judgment and discretion consistent with these priorities when conducting enforcement operations, making detention decisions, making decisions about release on supervision pursuant to the Alternatives to Detention Program, and

litigating cases. Particular care should be given when dealing with lawful permanent residents. juveniles, and the immediate family members of U.S. citizens. Additional guidance on prosecutorial discretion is forthcoming. In the meantime, ICE officers and attorneys should continue to be guided by the November 17,2000 prosecutorial discretion memorandum from then-INS Commissioner Doris Meissner; the October 24. 2005 Memorandum from Principal Legal Advisor William Howard; and the November 7, 2007 Memorandum from then-Assistant Secretary Julie Myers.

E. Implementation

ICE personnel shall follow the priorities set forth in this memorandum immediately. Further, ICE programs shall develop appropriate measures and methods for recording and evaluating their effectiveness in implementing the priorities. As this may require updates to data tracking systems and methods, ICE will ensure that reporting capabilities for these priorities allow for such reporting as soon as practicable, but not later than October t. 20 tO.

[^_^ 5,021]

The Cliff's version.

... the following shall constitute ICE's civil enforcement priorities, with the first being the highest priority and the second and third constituting equal, but lower, priorities.

Priority 1. Aliens who pose a danger to national security or a risk to public safety

...

Priority 2. Recent illegal entrants

...

Priority 3. Aliens who are fugitives or otherwise obstruct immigration controls

[Used to be broken 147]

The Cliff's version.

thanks !

[^_^ 5,021]

thanks !

You're welcome.

BTW - what the heck does "equal but lower" mean?

[mawilson 2,133]

You're welcome.

BTW - what the heck does "equal but lower" mean?

P1 > P2

P1 > P3

P2 = P3

Edited October 21, 2010 by mawilson

[^_^ 5,021]

P1 > P2

P1 > P3

P2 = P3

Aah. I just re-read the language and that is what they are saying. Thanks.

[Used to be broken 147]

You're welcome.

BTW - what the heck does "equal but lower" mean?

Second and Third priorities are equal, but lower than first priority In other words he just had to throw numbers on them to put them in some kind of order. But different categories of ICE enforcement agents come in contact with different types of illegal aliens so this means more to them than us. For example the reference to the Fugitive Operations Team memo from Dec 2009, outlines their priorities and as he mentions it doesn't change their priority mission as Fugitive Operations Teams. Point being its a misnomer to assume they are getting soft on aliens who just slip into the background after/before a proceeding or filing Voluntary Departure and not leaving because the FOP teams have non-criminal folks like that very high on their list.

Edited October 21, 2010 by brokenfamily

[I AM NOT THAT GUY 5,715]

All administrations are soft. But as far as priorities, removals should happen on an as encountered basis. In other words, if the unlawfully present alien is already in custody, then deport the alien as soon as possible, and expedite the process. Putting folks out on parole awaiting proceedings is just plain silly. If the unlawfully present alien ends up in custody, then that is not the type of low wage worker we want staying in the US.

[Used to be broken 147]

All administrations are soft. But as far as priorities, removals should happen on an as encountered basis. In other words, if the unlawfully present alien is already in custody, then deport the alien as soon as possible, and expedite the process. Putting folks out on parole awaiting proceedings is just plain silly. If the unlawfully present alien ends up in custody, then that is not the type of low wage worker we want staying in the US.

That is what they have been trying to do, but many have bemoaned the dismissal of proceedings against aliens who have a petition pending which gums up and slows down the process for everyone.. can't have it both ways. I'm sure you understand limited resources, they can only run so many through a courtroom in a day and they only have so many beds, who gets it the murderer or the fry cook?

But as to your other comment, ICE should go after the low hanging fruit Drivers without license and the pedestrians at the 7-eleven that Arpaio is gathering up in Arizona and leave the criminal gang members alone until local law enforcement "encounters" them?

[I AM NOT THAT GUY 5,715]

That is what they have been trying to do, but many have bemoaned the dismissal of proceedings against aliens who have a petition pending which gums up and slows down the process for everyone.. can't have it both ways. I'm sure you understand limited resources, they can only run so many through a courtroom in a day and they only have so many beds, who gets it the murderer or the fry cook?

But as to your other comment, ICE should go after the low hanging fruit Drivers without license and the pedestrians at the 7-eleven that Arpaio is gathering up in Arizona and leave the criminal gang members alone until local law enforcement "encounters" them?

I don't know exactly what Arpaio is doing exactly, as most of what makes the news is pure hype. However, as to your comments about gang members, the predominant population in California prisons is gang related. Those are the folks that should be first on the plane, once their sentences are completed.

I think you missed my subtle point, that those that are not ending up in custody should be low profile. But the wife beater and drunk that keeps ending up in custody, should be on the plane along side the gang members.

[peejay 327]

That is what they have been trying to do, but many have bemoaned the dismissal of proceedings against aliens who have a petition pending which gums up and slows down the process for everyone.. can't have it both ways. I'm sure you understand limited resources, they can only run so many through a courtroom in a day and they only have so many beds, who gets it the murderer or the fry cook?

If a country is going to have immigration policy...it should be administered competently. If it cannot be administered competently, then a country should reduce immigration to a level that can be competently managed.

If the USA cannot afford to fund the necessary infrastructure for competently managed immigration, then immigration should be reduced drastically or comletely eliminated.

Just imagine...without all those pesky legal immigrants to deal with we can just focus on illegal aliens.

[Used to be broken 147]

If a country is going to have immigration policy...it should be administered competently. If it cannot be administered competently, then a country should reduce immigration to a level that can be competently managed.

If the USA cannot afford to fund the necessary infrastructure for competently managed immigration, then immigration should be reduced drastically or completely eliminated.

Just imagine...without all those pesky legal immigrants to deal with we can just focus on illegal aliens.

You should run for office, sound bite economic policy by PJ. Your one second proposal would include shutting down the tourist industry a major money maker for the US.. because a big percentage of our illegal alien population comes through with a VISA..

The economic engine is not sputtering enough lets throw another wrench in there and see if we can completely shut her down !

Its very disturbing ironic that you would suggest the Nation of Immigrants stop letting people immigrate. We merged and melted and built a country that some claim is the best place on the planet and you would change that. Hmm, not getting it.

[peejay 327]

You should run for office, sound bite economic policy by PJ. Your one second proposal would include shutting down the tourist industry a major money maker for the US.. because a big percentage of our illegal alien population comes through with a VISA..

The economic engine is not sputtering enough lets throw another wrench in there and see if we can completely shut her down !

Its very disturbing ironic that you would suggest the Nation of Immigrants stop letting people immigrate. We merged and melted and built a country that some claim is the best place on the planet and you would change that. Hmm, not getting it.

This is not a nation of immigrants. The vast majority of people in the USA are not immigrants.

If you knew the history of American immigration policy you would know that from the 1920's to the 1970's immigration was reduced significantly and America was actually a low immigration country for decades. It was the ill conceived 1965 immigration legislation that opened the flood gates and created the fiasco we have today.

[Pooky 3,828]

This is not a nation of immigrants. The vast majority of people in the USA are not immigrants.

If you knew the history of American immigration policy you would know that from the 1920's to the 1970's immigration was reduced significantly and America was actually a low immigration country for decades. It was the ill conceived 1965 immigration legislation that opened the flood gates and created the fiasco we have today.

Hmmm, 1965 ... that would be the Democrats again

[luckytxn 2,265]

You're welcome.

BTW - what the heck does "equal but lower" mean?

We are all equal but some are more equal than others.