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1 1 (June 3, 2021)

handle is hein.crs/govednf0001 and id is 1 raw text is: SCongressional ______ *.Research Service Immigration Arrests in the Interior of the United States: A Primer Updated June 3, 2021 U.S. Immigration and Customs Enforcement (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 had been a marked increase in arrests and removals conducted by ICE. As discussed in this Legal Sidebar and as compared to prior administrations, the Trump Administration made enforcement a touchstone of its immigration policy, and ICE generally sought to enforce federal immigration laws against a broader range of aliens who had committed immigration violations. A recalibration of priorities by the Biden Administration has led ICE to prioritize immigration enforcement actions pertaining to a narrower category of aliens; namely, those who present terrorism or national security concerns, those who recently came to or attempted to unlawfully enter the United States, or those who pose a threat to public safety based on the commission of certain crimes. While immigration enforcement priorities may change over time, the governing authorities for ICE's activities have largely remained constant. This Legal Sidebar provides an overview of ICE's authority 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 Arrest of Alien. 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 Congressional Research Service https://crsreports.congress.gov LSB10362 CRS Legal Sidebar Prepared for Members and Committees of Congress

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