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Immigrant Protection - USA

Page history last edited by Robert Hackett 10 years, 3 months ago

Note: please note that this page should (a) link back to the issue overview on this topic, (b) be focused either the local, state, national, or global level, and (c) be neutrally presented, based on facts, and include footnotes for each of the items.  See the Research Guide and Information Sources to assist you. 

 

 

 

Scope of the Problem  factual statements on the extent of the problem in the past, current, or future


  • In FY 2012, ICE removed 409,849 individuals. Ninety-six percent of these removals fell into one of ICE's enforcement priorities, a record high. (ICE's Priorities list covers many non criminal illegal aliens, see current policy). [1]

 

 

Past Policy  key legislation and milestones including significant policy and funding shifts, major studies, etc.


  •  

 

 

Current Policy  summary of current policies in the form of legislation, programs, and funding


  • Immigration and Nationality Act:  The Immigration and Nationality Act, or INA, was created in 1952. Before the INA, a variety of statutes governed immigration law but were not organized in one location. The McCarran-Walter bill of 1952, Public Law No. 82-414, collected and codified many existing provisions and reorganized the structure of immigration law. The Act has been amended many times over the years, but is still the basic body of immigration law.[2] 

  • Secure Communities: From Arrest to Release or Removal:  When state and local law enforcement arrest or book someone into custody for a violation of a criminal offense, they generally fingerprint the person. After fingerprints are taken at the jail, the state and local authorities electronically submit the fingerprints to the Federal Bureau of Investigation (FBI). This data is then stored in the FBI's criminal databases. After running the fingerprints against those databases, the FBI sends the state and local authorities a record of the person's criminal history.
  • With Secure Communities, once the FBI checks the fingerprints, the FBI automatically sends them to DHS, so that U.S. Immigration and Customs Enforcement (ICE) can determine if that person is also subject to removal (deportation). This change, whereby the fingerprints are sent to DHS in addition to the FBI, fulfills a 2002 Congressional mandate for the FBI to share information with ICE, and is consistent with a 2008 federal law that instructs ICE to identify criminal aliens for removal. Secure Communities does not require any changes in the procedures of local law enforcement agencies or jails.
  • If the person has been previously encountered and fingerprinted by an immigration official and there is a digitized record, then the immigration database will register a “match.” ICE then reviews other databases to determine whether the person is here illegally or is otherwise removable.
  • In cases where the person appears from these checks to be removable, ICE generally issues a detainer on the person, requesting that the state or local jail facility hold the individual up to an extra 48 hours (excluding weekends) to allow for an interview of the person. Following the interview, ICE decides whether to seek the person's removal.In making these decisions, ICE considers a number of factors, including the person's criminal history, immigration history (such as whether the person was previously deported or has an outstanding removal order from an immigration judge), family ties, duration of stay in the U.S., significant medical issues, and other circumstances. In many instances involving lower-level criminals or people who are not convicts, re-entrants, or fugitives, ICE offers the person the option of voluntary return. A voluntary return allows the person to enter the U.S. lawfully in the future.

 

When someone goes into immigration proceedings, the court process is run independent of the state criminal justice system. As a result, illegal immigrants can be removed before the criminal case is complete. There are a variety of reasons that the local arrest may not result in a criminal conviction. However, all of those removed are guilty of an immigration violation, and removed pursuant to the Immigration and Nationality Act.[3]

 

  • Secure Communities Complaints Protocol:

This memorandum sets out how the Department of Homeland Security COBS) Office for Civil Rights and Civil Liberties (CRCL) and U.S. Immigration and Customs Enforcement (ICE) will address civil rights complaints involving state and local law enforcement and ICE's Secure Communities program.

http://www.ice.gov/doclib/secure-communities/pdf/complaintprotocol.pdf

 

  • ICE Methodology of Deportation: 
    •  ICE Priority Chart Hierarchy[4]  If an alien was identified by more than one priority, ICE defaults that individual to the highest priority based on the following hierarchy (ordered highest to lowest):
      •  Criminal Offender
      • Immigration Fugitive
      • Repeat Immigration Violator
      • Border Removal
      • Other Removable Alien

 

Key Organizations/Individuals  contacts for public and private organizations and key individuals


  • Government
    • Department of Homeland Security (DHS):
      • Immigration and Customs Enforcement (ICE)
      • The DHS Office for Civil Rights and Civil Liberties (CRCL) supports the Department as it secures the nation while   preserving individual liberty, fairness, and equality under the law. We investigate claims of civil rights and civil liberties   abuses, to help DHS improve protections and programs.[5]
    • US Customs and Border Protection (CBP):
    • U.S. Citizenship and Immigration Services (USCIS)
  • Non-Profit - Service Providing
    •  
  • Non-Profit - Advocacy/Membership/Network
    •  
  • Foundation
    •  
  • Other
    •  

 

Bibliography   web sites, reports, articles, and other reference material


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Footnotes

  1. http://www.ice.gov/removal-statistics/
  2. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=f3829c7755cb9010VgnVCM10000045f3d6a1RCRD
  3. http://www.ice.gov/secure_communities/
  4. http://www.ice.gov/removal-statistics/ See methodology
  5. http://www.ice.gov/doclib/secure-communities/pdf/crcl-complaint-submission-form-english.pdf

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