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R £ esearch Service
Immigration Arrests in the Interior of the
United States: A Primer
Updated November 30, 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 authority to arrest and detain non-U.S. nationals (aliens, as the term is used in federal law)
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 focus its immigration enforcement actions on a narrower category of aliens; namely, those who
present national security concerns, those who pose a threat to public safety, and those considered a threat
to border security (e.g., recent unlawful entrants). 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. (A
separate DHS entity, U.S. Customs and Border Protection [CBP], enforces federal immigration laws at or
near the border and at U.S. ports of entry; a discussion of CBP's authorities can be found here.)
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](ViewImageLocal?handle=hein.crs/govegpn0001&div=1&collection=&method=preview&ext=.png&size=3)
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