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ICEdetainer

ICEdetainer

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Date Created:March 24, 2017

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Tags:ICEdetainer2017, detainer, Deportation, arrest, warrant, Detainers, custody, removal, directive, alien, officers, action, enforcement, notice, immigration, DIRECTORS, officer, policy, DHS, states, united, ICE


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U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
Policy Number 10074.2:
Issuance Immigration Detainers ICE Immigration
Officers
Issue Date: March 24, 2017
Effective Date: April 2017
Superseded: Interim Policy No. 10074.1: Detainers (Aug.
2010)
Federal Enterprise Architecture Number: 306-112-002b
Purpose/Background. This Directive establishes U.S. Immigration and Customs
Enforcement (ICE) policy and procedures regarding the issuance civil immigration
detainers federal, state, local, and tribal law enforcement agencies (LEAs). ICE issues
detainers federal, state, local, and tribal LEAs provide notice its intent assume
custody removable alien detained federal state, local, tribal custody. The
Department Homeland Securitys (Department DHS) detainer authority, codified
section 287.7 title the Code Federal Regulations (C.F.R.), arises from the
Secretary Homeland Security power under section 103(a)(3) the Immigration and
Nationality Act (INA) provide regulations necessary carry out his authority, and
from ICE general authority arrest and detain aliens subject removal removal
proceedings, pursuant sections 236, 241 and 287 the INA. The use immigration
detainers, however, long pre-dates any reference detainers the statute regulations. fact, the former Immigration and Naturalization Service first used the Form I-247
early 1952.
Detainers enable ICE judiciously deploy its investigative, detention, and removal
resources consistent with the immigration enforcement priorities the Department and
the executive branch the U.S. Government. Detainers also allow ICE immigration
officers avoid the risks public safety and officer safety associated with arrests
outside the custodial envirorunent.
Policy. ICE policy ensure that ICE immigration officers exercise detainer
authority manner consistent with all legal requirements and manner that ensures
ICE LEA partners may honor detainers.
2.1.
The consolidated detainer form, Form I-247 (Immigration Detainer Notice Action),
attached this Directive shall used the effective date this Directive. Fo1m
I-247D (Immigration Detainer- Request for Voluntary Action), Fo1m I-247N (Request
See, e.g., Chung Young Chew Boyd, 309 F.2d 857 (9th Cir. 1962); Rinaldi United States, 484 Supp. 916
(S.D.N.Y. 1977); Slavik Miller, Supp. 575 (W.D. Pa. 1950), ajfd, 184 F.2d 575 (3d Cir. 1950), cert. denied,
340 U.S. 955 (1951); Matter ofLehder, IN Dec. 159 (BIA 1975).
for Voluntary Notification Release Suspected Priority Alien), and Form I-247X
(Request for Voluntary Transfer), may longer issued. Detainers issued prior
versions the detainer form remain active and need not replaced with Form I-247A.
See Attachment 8.4 for guidance how complete the Form I-274A.
2.2.
Only ICE immigration officers, including designated officers state political
subdivision state authorized perform certain immigration officer functions under
section 287(g) the INA, may issue immigration detainers.
2.3.
Regardless whether federal, state, local, tribal LEA regularly cooperates with DHS
immigration detainers, ICE immigration officers shall issue detainer the LEA for
alien the LEA custody after the alien arrested for criminal offense and the officer
has probable cause believe that the subject alien who removable from the
United States.
2.4.
ICE immigration officers must establish probable cause believe that the subject
alien who removable from the United States before issuing detainer with federal,
state, local, tribal LEA. Further, matter policy, all detainers issued ICE must accompanied either: (1) properly completed Form I-200 (Warrant for Arrest
Alien) signed authorized ICE immigration officer; (2) properly completed
Form I-205 (Warrant Removal/Deportation) signed authorized ICE immigration
officer.
2.5.
Except for circumstances which the alien detained ICE custody the time the
detainer issued, ICE immigration officer shall not issue immigration detainer LEA unless the LEA has arrested the alien for criminal offense exercise the
LEAs independent arrest authority. ICE Immigration officers shall not issue
immigration detainer for alien who has been temporarily detained stopped, but not
arrested, another LEA. This does not preclude the LEA from temporarily detaining
alien while ICE immigration officer responds the scene.
2.6. ICE immigration officer may not issue detainer based upon the initiation
investigation determine whether the subject removable alien. ICE immigration
officer may not establish probable cause alienage and removability, for purposes
detainer issuance, solely based evidence foreign birth and the absence records
available databases (foreign-born-no match).
Although ICE maintains that this not legally required, ICE implementing this warrant measure nationwide
policy light one district courts ruling that detention pursuant ICE detainer constitutes warrantless arrest
and that section 287(a)(2) the INA only authorizes warrantless arrest there reason believe the alien will
escape before arrest warrant can secured. See Moreno Napolitano, --- Supp. 3d--, 2016 5720465, (N.D. Ill. Sept. 30, 2016).
Box Form 1-247A (Immigration Detainer Notice Action) used ICE ensure that alien detained ICEs custody returned ICE custody after being transferred another LEA for proceeding investigation.
Such detainers may issued prior the other LEA assuming custody the subject the detainer.
2.7.
ICE immigration officers must promptly assume custody alien who the subject immigration detainer. Further, ICE immigration officers should assume custody
alien subject soon practicable, and close possible the time which the alien
would otherwise have been released the relevant LEA, but circumstances more
than hours after such time. becomes apparent that ICE cannot assume custody
the alien within hours when she would otherwise released, the ICE
immigration officer should immediately cancel the detainer.
2.8. some cases, after issuing immigration detainer for individual the custody
federal, state, local, tribal LEA, ICE may determine that will not assume custody
the subject. these cases, the ICE immigration officer must cancel the immigration
detainer soon such determination made.
2.9. matter oflaw, ICE cannot assert its civil immigration enforcement authority arrest
and/or detain U.S. citizen.
Defmitions. The following definitions apply only for purposes this directive.
3.1.
Detainer. notice that ICE issues federal, state, local, tribal LEA inform the
LEA that ICE intends assume custody removable alien the LEAs custody.
3.2.
ICE Immigration Officer. The term ICE immigration officer means Enforcement and
Removal Operations (ERO) deportation officers and Homeland Security Investigations
(HSI) special agents, including supervisory and managerial personnel who are responsible
for supervising authorized immigr~tion officers, well designated officers state political subdivision state authorized perform certain immigration officer
functions under section 287(g) the INA. See C.F.R. 287.7(b).
3.3.
Probable Cause. The facts and circumstances within the officers knowledge and
which they have reasonably trustworthy information that are sufficient themselves
warrant person reasonable caution the belief that individual removable
alien.
Responsibilities.
4.1.
All ICE employees are responsible for complying with the policy and procedures set
forth this Directive.
4.2.
ICE immigration officers, including designated immigration officers state
political subdivision state authorized perform certain immigration officer
functions under section 287(g) the INA, are responsible for issuing and executing
ICE immigration officers must comply with requirements ICE Policy No. 16001.2, Investigating the Potential
U.S. Citizenship ofIndividuals Encountered ICE (Nov. 10, 2015)~ when issuing detainers. particular, footnote that policy specifically applies prior versions the detainer and/or any successor form serving the same
substantially similar purpose.
immigration detainers accordance with the policy and procedures set forth this
Directive.
4.3.
ICE ERO Assistant Directors, Deputy Assistant Directors, Field Office Directors
(FODs), and the Directors the National Criminal Analysis and Targeting Center,
the Pacific Enforcement Response Center, and the Law Enforcement Support
Center, and their designees, well the ICE HSI Assistant Director for Domestic
Operations and ICE HSI Special Agents Charge (SACs) and their designees, are
responsible for disseminating and ensuring compliance with this Directive.
Procedures.
5.1.
Establishing Probable Cause. matter policy, detainer must supported probable cause based upon one
the following four categories information: final order removal against the alien; The pendency ongoing removal proceedings against the alien, including cases
which DHS has issued charging document and served the charging document the
alien; Biometric confirmation the aliens identity and records match federal
databases that affirmatively indicate, themselves addition other reliable
information, that the alien either lacks lawful immigration status or, notwithstanding
such status, removable under U.S. immigration law; and/or Statements made voluntarily the alien ICE immigration officer and/or other
reliable evidence that indicate the alien either lacks lawful immigration status or,
notwithstanding such status, removable under U.S. immigration law. ICE immigration officer may not issue detainer prior establishing probable cause believe that the subject removable alien. Further, ICE immigration officer may
not issue detainer based upon the initiation investigation determine whether the
subject removable alien. The pendency ongoing removal proceedings refers
cases which DHS has issued charging document and served the charging document the alien. matter policy, ICE immigration officer may not establish
probable cause alienage and removability, for purposes detainer issuance, solely
based evidence foreign birth and the absence records available databases
(foreign-born-no match).
5.2.
Issuing Immigration Detainer and Administrative Warrant. All immigration
detainers (Form I-247A Immigration Detainer-Notice Action) must accompanied either Form I-200 (Warrant for Arrest Alien) Form I-205 (Warrant
Removal/Deportation). the subject the detainer removable alien who not yet subject final
order removal, the ICE immigration officer who issues the detainer shall attach
Form I-200 (Warrant for Arrest Alien) the detainer. The Form I-200 shall issued any the supervisory immigration officials
listed C.F.R. 287.5(e)(2). the subject the detainer also the subject final order removal, including
where the alien subject reinstatement removal under section 241(a)(5) the
INA, the ICE immigration officer who issues the detainer shall attach Form I-205
(Warrant Removal/Deportation) the immigration detainer. The Form I-205 shall issued any the supervisory immigration officials
listed C.F.R. 241.2(a)(l).
5.3.
Declined Immigration Detainers. When ICE becomes aware that LEA failed
honor immigration detainer issued ICE, the ICE immigration officer shall
document the declined detainer the ENFORCE Alien Removal Module (EARM)
through the use the detainer lift code Declined LEA.
5.4.
Cancelling Immigration Detainer. after issuing immigration detainer ICE
determines that will not assume custody the subject, the ICE immigration officer
must cancel the immigration detainer. Forrii I-247A shall issued the relevant LEA requesting cancellation the
detainer; and All cancelled detainers shall documented EARM through the use the detainer
lift code ofL Lifted, using another case-specific lift code requiring the
cancellation the detainer (e.g. Died, -Alien not subject deportation).
Recordkeeping. ICE maintains records generated pursuant this policy, specifically
Forms I-247A (Immigration Detainer-Notice Action), Forms I-200 (Warrant for Arrest Alien) and Forms I-205 (Warrant Removal/Deportation) the Alien File.
Authorities/References.
7.1.
Immigration and Nationality Act 1952, Pub. No. 82-414, amended (codified
U.S.C. 1101 seq.).
7.2. C.F.R. 236.1, 241.2, 287.3, 287.5, 287.7.
7.3.
Moreno Napolitano, --- Supp. ---, 2016 5720465 (N.D. Ill. Sept. 30, 2016).
7.4.
Executive Order 13768, Enhancing Public Safety the Interior the United States (Jan.
25, 2017).
7.5.
Memorandum from DHS Secretary John Kelly, Enforcement the immigration Laws
Sen1 the National nterest (Feb. 20, 2017).
7.6.
ICE Policy No. 16001.2, investigating the Potential U.S. Citizenship ofIndividuals
Encountered ICE (Nov. 10, 2015).
7.7.
ICE Policy No. 13001.1, State Personnel Designated Act immigration Officers for
Immigration Enforcement Purposes (Dec. 2008).
Attachments.
8.1.
Form I-247 (Immigration Detainer Notice Action).
8.2.
Form I-200 (Warrant for Arrest Alien).
8.3.
Form I-205 (Warrant Removal/Deportation).
8.4.
ICE Guidance For Completing the Form 1-247 Private Right Statement. This document provides only internal ICE policy guidance,
which may modified, rescinded, superseded any time without notice. not
intended to, does not, and may not relied upon create diminish any rights, substantive procedural, enforceable law equity any party any criminal, civil,
administrative matter. Likewise, limitations are placed this guidance the othenlise
lawful enforcement ative prerogatives ofICE. Director
.S. Immigration and Customs Enforcement