ICE Priorities for Apprehension, Detention and Removal of Aliens

On March 2, 2011, the US Department of Homeland Security (DHS) issued a memorandum to ICE employees, detailing ICE priorities for apprehension, detention and removal of aliens.

ICE’s first priority is apprehending those aliens who are a threat to national security, such as terrorists, spies, convicts and gang members. ICE has organized the types of offenders into three levels:

Level 1: aliens convicted of aggravated felonies, or two or more felonies punishable by more than one year each
Level 2: aliens convicted of misdemeanors, or three or more crimes each punishable by less than one year
Level 3: aliens convicted of crimes punishable by less than one year

ICE’s second priority is to deport any illegal entrants–those who have breached immigration checks at the border.

ICE’s third priority is to deport any aliens who have received a final order of removal but disregard it. This includes fugitive aliens, aliens who illegally return to the US after removal, and aliens who enter the US by fraud.

Undocumented immigrants who have no criminal histories and who have committed no crimes are the lowest priority for ICE, unless local law enforcement has an Arizona-style state immigration enforcement in place.

See you in my next blog.

Nalini S Mahadevan, JD, MBA

Immigration Attorney

Tara Mahadevan

Copyright 2012.  All rights reserved.

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