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Obama Administration Restricts ICE Agents’ Ability to Take Custody of Illegal Aliens

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User ID: 26555489
United States
01/04/2013 02:57 PM
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Obama Administration Restricts ICE Agents’ Ability to Take Custody of Illegal Aliens
In the latest move by the Obama Administration to thwart immigration enforcement, U.S. Immigration and Customs Enforcement (ICE) Director John Morton issued a new policy memo limiting the circumstances under which ICE agents can issue detainers and take custody of illegal aliens in the hands of local law enforcement officials. (See ICE Policy Memo, Dec. 21, 2012; see also ICE Press Release, Dec. 21, 2012)

Under federal regulation, detainers allow ICE agents to request that jail officials maintain custody of an alien for up to 48-hours to allow ICE to pick up the alien for arrest and removal.  (See 8 C.F.R. 287.7; see also INA § 287)

Issued just days before Christmas, the new detainer policy limits the instances in which ICE can lodge detainers against aliens to only those meeting the Administration’s narrow enforcement priorities. As a result, ICE agents can no longer take an alien into custody if the alien’s only violation of the law is being in the country unlawfully—they must now have committed an offense independent of their illegal status. Specifically, the policy instructs that ICE agents should issue a detainer against an alien only where they have reason to believe the alien is subject to removal and if one or more of the following conditions apply:
the alien has previously been convicted of or charged with a felony;
the alien has three or more prior misdemeanor convictions;
the alien has a prior misdemeanor conviction or has been charged with a misdemeanor offense that involves—

violence, threats, or assault;
sexual abuse or exploitation;
driving under the influence of alcohol or a controlled substance;
unlawful flight from the scene of an accident;

Continued: [link to www.fairus.org]

Last Edited by TXGal4Truth on 01/04/2013 03:00 PM
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