ICE and Immigration Law
Immigration and Nationality Act Section 287(g) allows ICE to establish increased cooperation and communication with state, and local law enforcement agencies. Section 287(g) authorizes the Secretary of Homeland Security to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Agreement (MOA), provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement officers. Under 287(g), ICE provides state and local law enforcement with the training and subsequent authorization to identify, process, and when appropriate, detain immigration offenders they encounter during their regular, daily law-enforcement activity.
The 287(g) program is extremely controversial; it has been widely criticized for increasing racial profiling by police and undermining community safety because immigrant communities are no longer willing to report crimes or talk to law enforcement.
The 287(g) program is one of several ICE ACCESS (ICE “Agreements of Cooperation in Communities to Enhance Safety and Security”) programs that increase collaboration between local law enforcement and immigration enforcement agents.
Additionally, an immigration detainer (Form I-247) is a notice that DHS issues to a federal, state and local law enforcement agency (LEA) to inform them that ICE intends to assume custody of an individual and to request that the LEA notify ICE prior to the time when the individual would otherwise be released. The new detainer form includes:
- A request that the LEA provide the detainee with notice that ICE intends to assume custody;
- Emphasis that LEAs may only hold an individual for a period not to exceed 48 hours and a notice advising individuals that if ICE does not take them into custody within the 48 hours, they should contact the LEA to inquire about their release;
- Directions for individuals who may have a civil rights or civil liberties complaint regarding ICE activities; and
- Emphasis that the existence of a detainer should not impact or prejudice the individual's conditions of detention.
The new form also allows ICE to make the detainer operative only upon the individual's conviction of the offense for which he or she was arrested.
ICE has played a key role in investigating and arresting citizens suspected of possessing and distributing child pornography. Because a vast majority of child pornography is produced in foreign countries, ICE special agents utilize their authority to investigate persons and groups that traffic in this type of contraband, the importation of which via traditional mail or internet channels constitute violations of customs laws.
Read more about this topic: U.S. Immigration And Customs Enforcement
Famous quotes containing the words ice and, ice, immigration and/or law:
“Goodness and evil never share the same road, just as ice and charcoal never share the same container.”
—Chinese proverb.
“Every incident connected with the breaking up of the rivers and ponds and the settling of the weather is particularly interesting to us who live in a climate of so great extremes. When the warmer days come, they who dwell near the river hear the ice crack at night with a startling whoop as loud as artillery, as if its icy fetters were rent from end to end, and within a few days see it rapidly going out. So the alligator comes out of the mud with quakings of the earth.”
—Henry David Thoreau (1817–1862)
“America was indebted to immigration for her settlement and prosperity. That part of America which had encouraged them most had advanced most rapidly in population, agriculture and the arts.”
—James Madison (1751–1836)
“The image cannot be dispossessed of a primordial freshness, which idea can never claim. An idea is derivative and tamed. The image is in the natural or wild state, and it has to be discovered there, not put there, obeying its own law and none of ours. We think we can lay hold of image and take it captive, but the docile captive is not the real image but only the idea, which is the image with its character beaten out of it.”
—John Crowe Ransom (1888–1974)