ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Matthew Kolken on Deportation And Removal

description

  1. New Executive Order on Border Security and Immigration Enforcement

    by , 01-25-2017 at 03:01 PM (Matthew Kolken on Deportation And Removal)
    EXECUTIVE ORDER
    - - - - - - -
    BORDER SECURITY AND IMMIGRATION ENFORCEMENT IMPROVEMENTS

    By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) (INA), the Secure Fence Act of 2006 (Public Law 109 367) (Secure Fence Act), and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104 208 Div. C) (IIRIRA), and in order to ensure the safety and territorial integrity of the United States as well as to ensure that the Nationx27;s immigration laws are faithfully executed, I hereby order as follows:

    Section 1. Purpose. Border security is critically important to the national security of the United States. Aliens who illegally enter the United States without inspection or admission present a significant threat to national security and public safety. Such aliens have not been identified or inspected by Federal immigration officers to determine their admissibility to the United States. The recent surge of illegal immigration at the southern border with Mexico has placed a significant strain on Federal resources and overwhelmed agencies charged with border security and immigration enforcement, as well as the local communities into which many of the aliens are placed.

    Transnational criminal organizations operate sophisticated drug- and human-trafficking networks and smuggling operations on both sides of the southern border, contributing to a significant increase in violent crime and United States deaths from dangerous drugs. Among those who illegally enter are those who seek to harm Americans through acts of terror or criminal conduct. Continued illegal immigration presents a clear and present danger to the interests of the United States.

    Federal immigration law both imposes the responsibility and provides the means for the Federal Government, in cooperation with border States, to secure the Nation's southern border. Although Federal immigration law provides a robust framework for Federal-State partnership in enforcing our immigration laws and the Congress has authorized and provided appropriations to secure our borders the Federal Government has failed to discharge this basic sovereign responsibility. The purpose of this order is to direct executive departments and agencies (agencies) to deploy all lawful means to secure the Nationx27;s southern border, to prevent further illegal immigration into the United States, and to repatriate illegal aliens swiftly, consistently, and humanely.

    Sec. 2. Policy. It is the policy of the executive branch to:

    (a) secure the southern border of the United States through the immediate construction of a physical wall on the southern border, monitored and supported by adequate personnel so as to prevent illegal immigration, drug and human trafficking, and acts of terrorism;
    (b) detain individuals apprehended on suspicion of violating Federal or State law, including Federal immigration law, pending further proceedings regarding those violations;
    (c) expedite determinations of apprehended individualsx27; claims of eligibility to remain in the United States;
    (d) remove promptly those individuals whose legal claims to remain in the United States have been lawfully rejected, after any appropriate civil or criminal sanctions have been imposed; and
    (e) cooperate fully with States and local law enforcement in enacting Federal-State partnerships to enforce Federal immigration priorities, as well as State monitoring and detention programs that are consistent with Federal law and do not undermine Federal immigration priorities.

    Sec. 3. Definitions.

    (a) "Asylum officer" has the meaning given the term in section 235(b)(1)(E) of the INA (8 U.S.C. 1225(b)(1)).
    (b) "Southern border" shall mean the contiguous land border between the United States and Mexico, including all points of entry.
    (c) "Border States" shall mean the States of the United States immediately adjacent to the contiguous land border between the United States and Mexico.
    (d) Except as otherwise noted, "the Secretary" shall refer to the Secretary of Homeland Security.
    (e) "Wall" shall mean a contiguous, physical wall or other similarly secure, contiguous, and impassable physical barrier.
    (f) "Executive department" shall have the meaning given in section 101 of title 5, United States Code.
    (g) "Regulations" shall mean any and all Federal rules, regulations, and directives lawfully promulgated by agencies.
    (h) "Operational control" shall mean the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband.

    Sec. 4. Physical Security of the Southern Border of the United States. The Secretary shall immediately take the following steps to obtain complete operational control, as determined by the Secretary, of the southern border:

    (a) In accordance with existing law, including the Secure Fence Act and IIRIRA, take all appropriate steps to immediately plan, design, and construct a physical wall along the southern border, using appropriate materials and technology to most effectively achieve complete operational control of the southern border;
    (b) Identify and, to the extent permitted by law, allocate all sources of Federal funds for the planning, designing, and constructing of a physical wall along the southern border;
    (c) Project and develop long-term funding requirements for the wall, including preparing Congressional budget requests for the current and upcoming fiscal years; and
    (d) Produce a comprehensive study of the security of the southern border, to be completed within 180 days of this order, that shall include the current state of southern border security, all geophysical and topographical aspects of the southern border, the availability of Federal and State resources necessary to achieve complete operational control of the southern border, and a strategy to obtain and maintain complete operational control of the southern border.

    Sec. 5. Detention Facilities.

    (a) The Secretary shall take all appropriate action and allocate all legally available resources to immediately construct, operate, control, or establish contracts to construct, operate, or control facilities to detain aliens at or near the land border with Mexico.
    (b) The Secretary shall take all appropriate action and allocate all legally available resources to immediately assign asylum officers to immigration detention facilities for the purpose of accepting asylum referrals and conducting credible fear determinations pursuant to section 235(b)(1) of the INA (8 U.S.C. 1225(b)(1)) and applicable regulations and reasonable fear determinations pursuant to applicable regulations.
    (c) The Attorney General shall take all appropriate action and allocate all legally available resources to immediately assign immigration judges to immigration detention facilities operated or controlled by the Secretary, or operated or controlled pursuant to contract by the Secretary, for the purpose of conducting proceedings authorized under title 8, chapter 12, subchapter II, United States Code.

    Sec. 6. Detention for Illegal Entry.

    The Secretary shall immediately take all appropriate actions to ensure the detention of aliens apprehended for violations of immigration law pending the outcome of their removal proceedings or their removal from the country to the extent permitted by law. The Secretary shall issue new policy guidance to all Department of Homeland Security personnel regarding the appropriate and consistent use of lawful detention authority under the INA, including the termination of the practice commonly known as "catch and release," whereby aliens are routinely released in the United States shortly after their apprehension for violations of immigration law.

    Sec. 7. Return to Territory.

    The Secretary shall take appropriate action, consistent with the requirements of section 1232 of title 8, United States Code, to ensure that aliens described in section 235(b)(2)(C) of the INA (8 U.S.C. 1225(b)(2)(C)) are returned to the territory from which they came pending a formal removal proceeding.

    Sec. 8. Additional Border Patrol Agents.

    Subject to available appropriations, the Secretary, through the Commissioner of U.S. Customs and Border Protection, shall take all appropriate action to hire 5,000 additional Border Patrol agents, and all appropriate action to ensure that such agents enter on duty and are assigned to duty stations as soon as is practicable.

    Sec. 9. Foreign Aid Reporting Requirements.

    The head of each executive department and agency shall identify and quantify all sources of direct and indirect Federal aid or assistance to the Government of Mexico on an annual basis over the past five years, including all bilateral and multilateral development aid, economic assistance, humanitarian aid, and military aid. Within 30 days of the date of this order, the head of each executive department and agency shall submit this information to the Secretary of State. Within 60 days of the date of this order, the Secretary shall submit to the President a consolidated report reflecting the levels of such aid and assistance that has been provided annually, over each of the past five years.

    Sec. 10. Federal-State Agreements.

    It is the policy of the executive branch to empower State and local law enforcement agencies across the country to perform the functions of an immigration officer in the interior of the United States to the maximum extent permitted by law.

    (a) In furtherance of this policy, the Secretary shall immediately take appropriate action to engage with the Governors of the States, as well as local officials, for the purpose of preparing to enter into agreements under section 287(g) of the INA (8 U.S.C. 1357(g)).
    (b) To the extent permitted by law, and with the consent of State or local officials, as appropriate, the Secretary shall take appropriate action, through agreements under section 287(g) of the INA, or otherwise, to authorize State and local law enforcement officials, as the Secretary determines are qualified and appropriate, to perform the functions of immigration officers in relation to the investigation, apprehension, or detention of aliens in the United States under the direction and the supervision of the Secretary. Such authorization shall be in addition to, rather than in place of, Federal performance of these duties.
    (c) To the extent permitted by law, the Secretary may structure each agreement under section 287(g) of the INA in the manner that provides the most effective model for enforcing Federal immigration laws and obtaining operational control over the border for that jurisdiction.

    Sec. 11. Parole, Asylum, and Removal.

    It is the policy of the executive branch to end the abuse of parole and asylum provisions currently used to prevent the lawful removal of removable aliens.

    (a) The Secretary shall immediately take all appropriate action to ensure that the parole and asylum provisions of Federal immigration law are not illegally exploited to prevent the removal of otherwise removable aliens.
    (b) The Secretary shall take all appropriate action, including by promulgating any appropriate regulations, to ensure that asylum referrals and credible fear determinations pursuant to section 235(b)(1) of the INA (8 U.S.C. 1125(b)(1)) and 8 CFR 208.30, and reasonable fear determinations pursuant to 8 CFR 208.31, are conducted in a manner consistent with the plain language of those provisions.
    (c) Pursuant to section 235(b)(1)(A)(iii)(I) of the INA, the Secretary shall take appropriate action to apply, in his sole and unreviewable discretion, the provisions of section 235(b)(1)(A)(i) and (ii) of the INA to the aliens designated under section 235(b)(1)(A)(iii)(II).
    (d) The Secretary shall take appropriate action to ensure that parole authority under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) is exercised only on a case-by-case basis in accordance with the plain language of the statute, and in all circumstances only when an individual demonstrates urgent humanitarian reasons or a significant public benefit derived from such parole.
    (e) The Secretary shall take appropriate action to require that all Department of Homeland Security personnel are properly trained on the proper application of section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) and section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)), to ensure that unaccompanied alien children are properly processed, receive appropriate care and placement while in the custody of the Department of Homeland Security, and, when appropriate, are safely repatriated in accordance with law.

    Sec. 12. Authorization to Enter Federal Lands.

    The Secretary, in conjunction with the Secretary of the Interior and any other heads of agencies as necessary, shall take all appropriate action to:

    (a) permit all officers and employees of the United States, as well as all State and local officers as authorized by the Secretary, to have access to all Federal lands as necessary and appropriate to implement this order; and
    (b) enable those officers and employees of the United States, as well as all State and local officers as authorized by the Secretary, to perform such actions on Federal lands as the Secretary deems necessary and appropriate to implement this order.

    Sec. 13. Priority Enforcement.

    The Attorney General shall take all appropriate steps to establish prosecution guidelines and allocate appropriate resources to ensure that Federal prosecutors accord a high priority to prosecutions of offenses having a nexus to the southern border.

    Sec. 14. Government Transparency.

    The Secretary shall, on a monthly basis and in a publicly available way, report statistical data on aliens apprehended at or near the southern border using a uniform method of reporting by all Department of Homeland Security components, in a format that is easily understandable by the public.

    Sec. 15. Reporting.

    Except as otherwise provided in this order, the Secretary, within 90 days of the date of this order, and the Attorney General, within 180 days, shall each submit to the President a report on the progress of the directives contained in this order.

    Sec. 16. Hiring.

    The Office of Personnel Management shall take appropriate action as may be necessary to facilitate hiring personnel to implement this order.

    Sec. 17. General Provisions.

    (a) Nothing in this order shall be construed to impair or otherwise affect:
    (i) the authority granted by law to an executive department or agency, or the head thereof; or
    (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
    (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
    (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

    DONALD J. TRUMP

    THE WHITE HOUSE,
    January 25, 2017.
  2. DHS Releases End of Year Removal and Return Statistics

    by , 01-01-2017 at 10:08 AM (Matthew Kolken on Deportation And Removal)
    Release Date:
    December 30, 2016

    For Immediate Release
    Office of the Press Secretary
    Contact: 202-282-8010

    WASHINGTON – Today the Department of Homeland Security (DHS) released its end of Fiscal Year (FY) 2016 statistics. These statistics reflect the Department’s immigration enforcement efforts prioritizing convicted criminals and threats to public safety, border security and national security.

    Overall, in FY 2016, the Department apprehended 530,250 individuals nationwide and conducted a total of 450,954 removals and returns. The U.S. Border Patrol (USBP) reported 415,816 apprehensions nationwide, compared to 337,117 in FY 2015; and U.S. Immigration and Customs Enforcement (ICE) arrested 114, 434 individuals, compared to 125,211 in FY 2015. Although apprehensions by the USBP in FY 2016 increased from FY 2015, they remain a fraction of the number of apprehensions routinely observed from the 1980s through 2008. In addition, the U.S. Customs and Border Protection (CBP) Office of Field Operations (OFO) identified 274,821 inadmissible individuals at ports of entry, compared to 253,509 in FY 2015. ICE removed or returned 240,255 individuals in FY 2016, compared to 235,413 in FY 2015.

    The Department continues to successfully implement the civil immigration enforcement priorities announced by Secretary Johnson in November 2014. In FY 2016, 98 percent of initial enforcement actions – a set of actions that includes USBP apprehensions, OFO determinations of inadmissibility, and ICE administrative arrests – involved individuals classified within one of the three enforcement priority categories. Ninety-one percent were among the top priority (Priority 1), which includes national security threats, individuals apprehended at the border while attempting to enter unlawfully, and the most serious categories of convicted criminals as well as gang members.

    Secretary of Homeland Security Jeh Johnson made the following statement concerning the FY 2016 numbers:

    The immigration statistics released in today’s report reflect the continued effort by this Administration to dedicate the Department of Homeland Security’s resources to smart enforcement of our nation’s immigration laws, with a particular focus on public safety and border security.


    We continued to strengthen the federal government’s decades-long investment in border security. These investments have paid off. Apprehensions on the border in recent years – a strong indicator of total attempts to cross the border – are much lower than they used to be. In FY 2016, total apprehensions by the Border Patrol on the southwest border numbered 408,870. This represents a fraction of the number of apprehensions routinely observed from the 1980s through 2008.


    In FY 2016, we continued to better focus our interior resources on removing individuals who may pose threats to public safety—specifically, convicted criminals and threats to national security. This prioritization is reflected in actual results. Overall, 98% of all initial immigration enforcement actions and over 99% of all removals and returns in FY 2016 aligned with the immigration enforcement priorities that I established in November 2014. Significantly, an increasing percentage of those deported from the interior were convicted of serious crimes – over 90% in 2016 as compared to 51% in 2009.


    The information released today includes a new, consolidated Immigration Enforcement report by our Department’s Office of Immigration Statistics. It is part of our effort to improve the transparency of DHS’s immigration enforcement efforts by releasing the end of year statistics of CBP and ICE together rather than piecemeal. This marks the third year in a row we have done this. As my term comes to an end, I strongly encourage the next Administration to continue publishing this report and to continue to enhance the transparency of DHS’s immigration enforcement efforts.


    Overall Immigration Enforcement Outcomes


    At every point in the immigration enforcement process, the Department has successfully implemented the enforcement priorities established by Secretary Johnson in his November 20, 2014 memorandum, Policies for the Apprehension, Detention and Removal of Undocumented Immigrants.

    Immigration enforcement agents and officers initiated new enforcement actions against 805, 071 inadmissible or deportable aliens in FY 2016. These actions included 415,816 USBP apprehensions, 274,821 inadmissibility determinations by OFO, and 114,434 ICE arrests. Overall, 98 percent of these actions involved individuals who were classified within one of the Department’s enforcement priority categories. Ninety-one percent of initial enforcement actions involved individuals classified within the highest-level Priority 1 categories, which include national security threats, individuals apprehended at the border while attempting to enter unlawfully, and the most serious categories of convicted criminals as well as gang members.

    Subsequent enforcement actions were similarly focused on the Department’s enforcement priorities. ICE placed 352,882 individuals in a civil detention facility in FY 2016, 98 percent of whom were classified within an enumerated priority category, and less than 0.3 percent who were classified as “other federal interest.” (Priority data was unavailable for 1.7 percent of aliens placed in detention.)

    ICE and CBP repatriated a total of 450,954 individuals in FY 2016, which consisted of 344,354 removals and 106,600 returns. Overall, 94 percent of removals and returns were classified within a Priority 1 category, five percent were classified within a Priority 2 category (i.e., serious and repeat misdemeanants, individuals who unlawfully entered the United States on or after January 1, 2014, and significant abusers of the visa system or visa waiver program), and one percent were classified within a Priority 3 category (individuals issued a final order of removal on or after January 1, 2014). Less than 0.1 percent of removals and returns involved individuals classified as other federal interests, and less than 0.3 percent had unknown priority classifications.

    For a comprehensive discussion of DHS-wide enforcement actions in FY 2016 please click here.

    U.S. Customs and Border Protection (CBP) Enforcement Efforts At and Between Ports of Entry


    While the total number of apprehensions by the USBP nationwide between ports of entry increased in FY 2016 from FY 2015, USBP apprehensions remain lower than both FY 2014 and FY 2013. Meanwhile, the demographics of illegal migration on our southern border have changed significantly over the last 15 years – far fewer Mexicans and single adults are attempting to cross the border without authorization, but more families and unaccompanied children are fleeing poverty and violence in Central America. In 2014, Central Americans apprehended on the southern border outnumbered Mexicans for the first time. In 2016, Central Americans again outnumbered Mexicans in apprehensions on the southern border.

    In FY 2016, the USBP apprehended a total of 59,757 unaccompanied children and 77,857 family units nationwide.

    CBP continues to monitor the arrival of unaccompanied children[1] and family units[2] from Central America and is working closely to support federal interagency efforts to manage these flows and address the underlying factors causing this migration.

    Enforcement actions at ports of entry continued to yield important border security achievements. At ports of entry in FY 2016, CBP officers arrested 8,129 individuals wanted for serious crimes. Officers also stopped 274,821 inadmissible individuals from entering the United States through ports of entry, an increase of 7.6 percent from FY 2015. Depending on the circumstances, these individuals were placed in removal proceedings, allowed to voluntarily return to their country of origin, or allowed to withdraw their applications for admission into the United States. Inadmissibility grounds included those related to an inability to satisfy documentary requirements, previous immigration violations, as well as criminal and national security-related reasons.

    As part of these efforts, CBP also identified 14,293 high-risk travelers who would have been found inadmissible had they traveled to the United States, and who were instead prevented from boarding flights destined for the United States. For a comprehensive breakdown of CBP’s FY 2016 enforcement efforts, please click here.

    U.S. Immigration and Customs Enforcement (ICE) Interior Border Enforcement Efforts


    In FY 2016, ICE removed or returned 240,255 individuals. Of these, 174,923 removals were of individuals apprehended at or near the border or ports of entry. The remaining 65,332 were apprehended by ICE officers in the interior of the United States.

    Of ICE’s FY 2016 removals, 99.3 percent, or 238,466, met one or more of ICE’s stated civil immigration enforcement priorities. Of the 101,586 aliens removed who had no criminal conviction, 95 percent, or 96,572, were apprehended at or near the border or ports of entry. ICE’s interior enforcement activities led to an increase in the percentage of interior removals that were of convicted criminals, growing from 82 percent in FY 2013 to 92 percent in FY 2016. These numbers clearly illustrate the agency’s continued commitment to focus on the removal of convicted criminals and others posing a threat to public safety in the interior of the United States.

    The Department’s civil immigration enforcement priorities have impacted how ICE conducts removals, as the priorities have heightened ICE’s focus on the greatest threats to national security, public safety, and border security. Rather than expending limited resources on individuals who have been in this country for many years or those charged or convicted of traffic and other minor offenses, ICE instead focuses its resources on those who pose a threat to public safety and on recent unlawful entrants, consistent with the Secretary’s November 20, 2014 memorandum, Policies for the Apprehension, Detention and Removal of Undocumented Immigrants.

    FY 2016 was the first full year of implementation of these priorities, as they went into effect in mid-FY 2015. In FY 2016, 99.3 percent of total ICE removals and returns were of individuals that were a civil enforcement priority and 83.7 percent were of Priority 1 individuals.

    Level of Cooperation from State and Local Law Enforcement Partners


    A significant factor impacting removal operations has been the number of state and local law enforcement jurisdictions that have limited or declined cooperation with ICE, due to the enactment of numerous state statutes and local ordinances reducing and/or preventing cooperation with ICE, in addition to federal court decisions that created the perception of liability concerns for cooperating law enforcement agencies. Declined detainers result in convicted criminals being released back into U.S. communities with the potential to re-offend. Moreover, they draw resources away from other ICE efforts to protect public safety, by requiring ICE to expend additional resources to locate and arrest convicted criminals at-large rather than safely taking custody of such individuals in jails.

    To address this problem, on November 20, 2014, Secretary Johnson announced the creation of the Priority Enforcement Program (PEP). Implemented in July 2015, PEP is designed to be flexible, allowing ICE to tailor the program to fit the needs of each jurisdiction and achieve mutual law enforcement goals. PEP improves the process of transferring individuals who pose a threat to public safety from state and local custody by enabling ICE to take custody of priority individuals without damaging trust with local communities. Throughout 2015 and 2016, DHS and ICE conducted a nationwide effort to implement PEP and promote collaboration, reaching out to thousands of local law enforcement agencies and government officials. Because of these efforts, 21 of the top 25 jurisdictions with the largest number of previously declined detainers agreed to participate in PEP.

    Increased CBP Apprehensions


    ICE supports border security efforts by detaining and removing certain individuals arrested by CBP; historically, a significant number of ICE’s removals have been of individuals that CBP apprehended at the border. In FY 2016, the total number of USBP apprehensions was approximately 415,816, an increase of 23 percent from FY 2015. This in turn resulted in a 26 percent increase in FY 2016 ICE intakes resulting from CBP apprehensions, from 193,951 intakes from CBP to ICE in FY 2015 to 244,510 such intakes in FY 2016.

    Changing Migrant Demographics


    Changing migrant demographics also impacted ICE removal operations in FY 2016, as illegal entries by Mexicans continued to decrease while illegal entries by Central Americans continued to increase. More time, personnel resources, detention capacity, and funding are required to complete the removal process for individuals from non-contiguous countries, as compared to Mexican nationals apprehended at the border, because removals of non-Mexican nationals require ICE to secure travel documents from the host country and to arrange air transportation. Perhaps most significantly, many Central American nationals, including family units and unaccompanied minors, are asserting claims of credible or reasonable fear of persecution. Such cases require additional adjudication, and therefore, take significantly longer to process.

    For a comprehensive breakdown of ICE’s FY 2016 removal numbers, please see the FY 2016 report here.


    [1] Individuals under the age of 18 who were not with their biological parent or legal guardian at the time of the encounter.

    [2] The term Family Unit represents the number of individuals (to include a child under 18 years old, parent, or legal guardian) apprehended with a family member by the U.S. Border Patrol.

    Updated 01-03-2017 at 07:56 AM by MKolken

  3. FAQ on Policies For Immigration Enforcement at Sensitive Locations

    by , 08-04-2016 at 07:43 AM (Matthew Kolken on Deportation And Removal)
    Via the Department of Homeland Security:

    Do the Department of Homeland Security’s policies concerning enforcement actions at or focused on sensitive locations remain in effect?

    U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) have each issued and implemented policies concerning enforcement actions at or focused on sensitive locations. The ICE Sensitive Locations Policy and the CBP Sensitive Locations Policy remain in effect, and these FAQs are intended to clarify what types of locations are covered by those policies. ICE and CBP conduct their enforcement actions consistent with the Department of Homeland Security’s November 2014 memorandum, which prioritizes the removal of national security, border security, and public safety threats.

    What do the Department of Homeland Security policies require for enforcement actions to be carried out at sensitive locations?

    The policies provide that enforcement actions at or focused on sensitive locations such as schools, places of worship, and hospitals should generally be avoided, and that such actions may only take place when (a) prior approval is obtained from an appropriate supervisory official, or (b) there are exigent circumstances necessitating immediate action without supervisor approval. The policies are meant to ensure that ICE and CBP officers and agents exercise sound judgment when enforcing federal law at or focused on sensitive locations, to enhance the public understanding and trust, and to ensure that people seeking to participate in activities or utilize services provided at any sensitive location are free to do so, without fear or hesitation.

    What does the Department of Homeland Security mean by the term “sensitive location”?

    Locations covered by these policies would include, but not be limited to:

    • Schools, such as known and licensed daycares, pre-schools and other early learning programs; primary schools; secondary schools; post-secondary schools up to and including colleges and universities; as well as scholastic or education-related activities or events, and school bus stops that are marked and/or known to the officer, during periods when school children are present at the stop;
    • Medical treatment and health care facilities, such as hospitals, doctors’ offices, accredited health clinics, and emergent or urgent care facilities;
    • Places of worship, such as churches, synagogues, mosques, and temples;
    • Religious or civil ceremonies or observances, such as funerals and weddings; and
    • During public demonstration, such as a march, rally, or parade.


    What is an enforcement action?


    An enforcement action covered by this policy is any action taken by ICE or CBP to apprehend, arrest, interview, or search an individual, or to surveil an individual for enforcement purposes.

    Actions not covered by this policy include activities such as obtaining records, documents, and similar materials from officials or employees, providing notice to officials or employees, serving subpoenas, engaging in Student and Exchange Visitor Program (SEVP) compliance and certification visits, guarding or securing detainees, or participating in official functions or community meetings.

    Are courthouses sensitive locations?

    Courthouses do not fall under ICE or CBP’s policies concerning enforcement actions at or focused on sensitive locations. However, enforcement actions at courthouses will only be executed against individuals falling within the public safety priorities of DHS’s immigration enforcement priorities set forth in the November 20, 2014, memorandum from Secretary Johnson entitled Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants. Such enforcement actions will, absent exigent circumstances, not lead to arrest of non-targeted individuals and will, wherever practicable, take place outside of public areas of the courthouse.

    Where should I report a DHS enforcement action that I believe may be inconsistent with these policies?

    There are a number of locations where an individual may lodge a complaint about a particular DHS enforcement action that may have taken place in violation of the sensitive locations policy. You may find information about these locations, and information about how to file a complaint, on the DHS, CBP, or ICE websites.

    You may contact ICE Enforcement and Removal Operations (ERO) through the Detention Reporting and Information Line at (888)351-4024 or through the ERO information email address at ERO.INFO@ice.dhs.gov, also available at https://www.ice.gov/webform/ero-contact-form. The Civil Liberties Division of the ICE Office of Diversity and Civil Rights may be contacted at (202) 732-0092 or ICE.Civil.Liberties@ice.dhs.gov.

    You may contact the CBP Information Center to file a complaint or compliment via phone at 1-877-227-5511, or submit an email through the website at https://help.cbp.gov.
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: