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1 1 (November 14, 2019)

handle is hein.crs/govbbwx0001 and id is 1 raw text is: Immigration Arrests in the Interior of the United States: A Brief Primer November 14, 2019 U.S. Immigration and Customs Enforceennt (ICE), a component of the Department of Homeland Security (DHS), is primarily responsible for immigration enforcement in the interior of the United States. ICE has substantial authority to arrest and detain non-U.S. nationals (aliens) identified for removal because of immigration violations. In recent years, there has been a marked increase in arrests and removals conducted by ICE. Sometimes these arrests have been conducted as part of large-scale sweeps or raids involing the arrest of hundreds of individuals. These large-scale enforcement actions have prompted complaints by some that they instill panic and fear in immigrant communities, along with criticism that they may lead to separation of U.S citizen children from their unlawfully present alien parents. In response, ICE asserts that it does not conduct raids indiscriminately, but targets those who have criminal charges or shown blatant disregard for U.S. immigration laws. The agency also argucs that these enforcement actions are safely executed and deter future immigration law violations. This Legal Sidebar provides an overview of ICE's power to conduct arrests and other enforcement actions. ICE's General Authority to Arrest and Detain ICE was established following the creation of DHS in 2003. The agency's stated mission is to protect America from the cross-border crime and illegal immigration that threaten national security and public safety. ICE officers' authority to arrest aliens believed to have committed immigration violations derives primarily from two federal statutes: Sections 236 and 287 of the Immigration and Nationality Act (INA). INA § 236(a) provides that an immigration officer may arrest and detain an alien who is subject to removal upon issuance of a Warrant for A rrest of Ailen. This administrative arrest warrant (ICE Warrant) may be issued with a Notice to Appear (NTA), the charging document that initiates formal removal proceedings, or at any time thereafter and up to the time removal proceedings are completed. DHS regulations provide that the ICE warrant may be issued only by certain designated immigration officials (e.g., a supervisory officer). In addition, an ICE warrant is issued exclusively for use by immigration officers. Reviewing courts have recognized that this administrative warrant may not serve as the basis for state or local law enforcement officials to arrest and detain an alien, except when done under the terms of a cooperative agreement with federal authorities under INA § 287(g). Congressional Research Service https://crsreports.congress.gov LSB10362 CRS Legal Sidebar Prepared for Members and C om m ittees ot C onr ess -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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