U.S. Immigration and Customs Enforcement - ICE and Immigration Law

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.