Opening Slide
ICE
ICE
Department of
Homeland Security
• The Department of Homeland Security (DHS) combined 22
different federal departments and agencies when it was
established in 2002.
• DHS is charged with securing the nation from many different
threats, including: preventing terrorism, enhancing security,
managing our borders, administering immigration laws,
securing cyberspace and ensuring disaster resilience.
• DHS has numerous offices and seven agency components:
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U.S. Immigration and Customs Enforcement
U.S. Customs and Border Protection
U.S. Citizenship and Immigration Services
U.S. Coast Guard
Federal Emergency Management Agency
U.S. Secret Service
Transportation Security Administration
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ICE
U.S. Immigration and
Customs Enforcement
• Created in 2003 through a merger of the investigative and
interior enforcement elements of the U.S. Customs Service
and the Immigration and Naturalization Service.
• Two main directorates:
o Homeland Security Investigations
• Investigates a wide range of domestic and international
activities arising from the illegal movement of people and
goods into, within and out of the United States.
o Enforcement and Removal Operations
• Enforces the nation’s immigration laws by apprehending
removable aliens, detaining them when necessary, and
removing them from the United States.
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ICE
Enforcement and Removal
Operations Overview
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ICE
Enforcement
and Removal
Operations
Overview
Enforcement Priorities
•
On November 20, 2014, the President of the United States
outlined several areas in which the Department of Homeland
Security (DHS) will take action to increase border security,
focus enforcement resources, and ensure accountability in our
immigration system.
•
ICE’s revised civil immigration enforcement priorities:
o Priority 1: Aliens who pose a national security threat, have been
convicted of a felony or aggravated felony, convicted of a
criminal street gang offense or intentionally participated in gang
activity, or were apprehended attempting to unlawfully enter.
o Priority 2: Aliens convicted of three or more misdemeanors or a
significant misdemeanor, who illegally entered after January 1,
2014, or significantly abused the visa or visa waiver programs.
o Priority 3: Aliens issued a final order of removal on or after
January 1, 2014.
Reference:
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Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants
Memorandum (November 20, 2014)
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ICE
Enforcement
and Removal
Operations
Overview
Prosecutorial Discretion
•
Prosecutorial Discretion (PD) – The authority of a law
enforcement agency to decide to what degree to enforce the law
against a particular individual, to include taking no enforcement
action at all.
•
ICE may exercise PD on a case-by-case basis in various forms:
o Targeting priority cases for apprehension and not others
o Releasing from detention
o Settling, dismissing, appealing, or joining a motion on a
case
o Granting deferred action, parole, or a stay of removal
PD guidance accounts for negative factors (criminal history,
gang affiliation, record of illegal re-entry) and humanitarian
factors (violent crime victim, pregnant or nursing, poor health,
primary caretaker of a minor or seriously ill relative).
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Reference:
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Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants
Memorandum (November 20, 2014)
Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs Memorandum
(June 17, 2011)
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ICE
Enforcement
and Removal
Operations
Overview
Deferred Action for Parents of
Americans and LPRs (DAPA)
• The Department of Homeland Security Secretary has extended the
availability of Deferred Action for parents who:
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have, on November 20, 2014, a U.S. citizen or lawful permanent resident son
or daughter;
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continuously resided in the United States since before January 1, 2010;
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were physically present and had no lawful immigration status on November 20,
2014, and at the time of the deferred action request;
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are not an enforcement priority; and
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present no factors that make deferred action inappropriate.
• Although U.S. Citizenship and Immigration Services (USCIS) will begin
accepting applications under DAPA in May 2015, ICE is currently reviewing
cases of detained individuals to determine if they may be eligible for referral
to USCIS.
• Requests can be made to a detainee’s deportation officer or through the ICE
Detention Reporting and Information Line (DRIL), toll free, at 1-888-3514024.
Reference:
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Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United
States as Children and with Respect to Certain Individuals Who Are the Parents of U.S.
Citizens or Permanent Residents Memorandum (November 20, 2014)
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ICE
Parental Interests Directive
Overview
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ICE
Parental Interests Directive
Parental
Interests
Directive
Overview
• On August 23, 2013, ICE issued a Directive entitled,
Facilitating Parental Interests in the Course of Civil
Immigration Enforcement Activities.
o Establishes ICE policy and procedures to address the
placement, monitoring, accommodation, and removal of
certain parents, legal guardians, and primary caretakers
of minors in the United States while safeguarding their
parental rights*.
o Intended to complement agency guidance on
enforcement priorities, detention standards, and other
policies that govern the intake, detention, and removal
of parents.
Parental Rights are the fundamental rights of parents to make decisions concerning care,
custody, and control of their minor children without regard to the child’s citizenship, as
provided for and limited by applicable law. The rights of legal guardians of minor children
to make decisions concerning those children as provided for and limited by applicable law.
*
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ICE
Parental
Interests
Directive
Overview
Applicable Individuals
• Applicable Individuals. The Directive applies to all parents
but is particularly concerned with:
o Parents or legal guardians who are primary caretakers
o Parents or legal guardians who have a direct interest in
family court or child welfare proceedings*
o Parents or legal guardians whose minor children (under
18) are physically present in the U.S. and are USCs or
LPRs
*Family Court or Child Welfare Proceedings are proceedings in which a family or
dependency court or child welfare agency adjudicate or enforce the rights of parents or
minor children through determination or modification of parenting plans, child custody,
visitation, or support, or the distribution of property or other legal obligations in the context
of parental rights.
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ICE
Prosecutorial Discretion
Parental
Interests
Directive
Overview
• Prosecutorial Discretion (PD): ICE will weigh whether
exercising PD is warranted, considering all relevant factors,
including whether the person is a:
o Parent or legal guardian of a USC or LPR minor.
o Primary caretaker of a minor.
• It is generally preferable that PD be exercised as early in the
case or proceeding as possible.
• The Directive does not:
o Expand the scope of prosecutorial discretion for parents
but reiterates prior prosecutorial discretion guidance.
o Establish a process for immigration relief nor create an
immigration benefit.
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ICE
Parental
Interests
Directive
Overview
Prosecutorial Discretion
• Identification: ICE may receive information that identifies
a person as a parent or legal guardian of a USC or LPR
minor, or as a primary caretaker of a minor at any time
during the individual’s:
o Arrest
o In-take
o Detention
• If credible, field offices should reevaluate any custody
determination for the person in accord with the law and ICE
policy.
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ICE
Placement Considerations
Parental
Interests
Directive
Overview
• Initial Placements and Transfers: ICE shall keep the
detained parent in the area of responsibility (AOR) of
apprehension if the children or family court/child welfare
proceedings are within that AOR.
o This requirement is subject to the exceptions (e.g., safety
and security considerations, individual risk factors,
facility overcrowding, etc.).
• Proximity to Legal Proceedings: ICE shall initially place
the detained parent into a facility as close as practicable
(within the AOR) to the child(ren) and/or to the location of
the family court or child welfare proceedings.
• If the detained person does not wish to attend, then ICE will
not interfere with this decision.
Reference:
• Detainee Transfers Directive (January 4, 2012)
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ICE
Parental
Interests
Directive
Overview
Court Participation
• Participation in Family Court: ICE shall arrange for a detained
parent’s appearance at his or her family court or child welfare
proceedings when:
o Notice: The detained parent or attorney gives reasonable
notice.
o Evidence: The detained parent or attorney produces reliable
evidence of the proceeding.
o Reasonable: The proceeding is a reasonable distance from the
detention facility.
o Not Unduly Burdensome (assessed on a case-by-case basis):
Transportation/escort of the detained parent would not unduly
burden Field Office operations.
o Safety and Security: Transportation/escort of the detained
parent does not present security concerns.
• If appearing in person is not feasible, ICE should work with the
detained person and the family court or child welfare authority to
facilitate alternative means of participation, including:
o Video teleconferencing
o Standard teleconferencing
Reference:
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PBNDS 2011. 5.2 Trips for Non-medical Emergencies
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ICE
Visitation
Parental
Interests
Directive
Overview
• Visitation: ICE shall facilitate, to the extent practicable, any
court-ordered parent-child visitation, including:
o Contact visitation
o Accompaniment by a court-appointed monitor
• ICE remains committed to allowing visitation with family
members that is not court-ordered as well. Detention
standards require visitation hours on weekends, and many
facilities offer more extensive visiting schedules.
• Alternative Means of Visitation: If feasible and approved
by the family court or child welfare authority, ICE may
permit parent-child visitation through video or standard
teleconferencing from the detention facility.
Reference:
• PBNDS 2011. 5.7 Visitation
• PBNDS 2008. 5.32 Visitation
• NDS 2000. Detainee Services. Visitation
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ICE
Parental
Interests
Directive
Overview
Care and Travel
• Coordinating Care or Travel: If a detained parent or legal
guardian is subject to a final order of removal, ICE should
accommodate, to the extent practicable, the detained parent’s
efforts to:
o Arrange guardianship for their child(ren)
o Obtain travel documents for their child(ren)
o Access legal counsel, consulates and consular officials,
courts and/or family members in the weeks preceding
removal to execute signed legal documents
o Purchase airline tickets
o Make other necessary preparations prior to removal
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ICE
Parental
Interests
Directive
Overview
Facilitation of Return
• Facilitation of Return: If a lawfully removed parent desires
to participate in a family court or child welfare hearing in the
United States, ICE may facilitate the return of the parent to
the United States by grant of parole, on a case-by-case basis.
o The sole purpose of the return must be to participate in
termination of parental rights proceedings (not child
custody hearings, child support hearings, divorce
proceedings, etc.).
o The family court or child welfare authority has
determined and confirms that the removed parent must
be physically present at the proceedings.
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ICE
Parental
Interests
Directive
Overview
Points of Contact
• Points of Contact for Parental Rights: There is a designated
point of contact for parental rights in each ICE area of
responsibility. Responsibilities include:
o Receiving and addressing public inquiries related to the
parental rights or family ties of detained parents or legal
guardians of minor children.
o Find a POC for Parental Rights:
https://www.ice.gov/contact/ero/
• National Parental Rights Coordinator: Oversees
implementation of the Directive, evaluates internal
information gathering and sharing, and conducts internal and
external training related to the Directive.
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ICE
Parental
Interests
Directive
Overview
Implementation
• Regular HQ review of detention decisions when detainees
identify as primary caretakers.
• Regular check-in calls with field Points of Contact for
Parental Rights.
• Evaluation of data gathering mechanisms.
• HQ review of facilitation of return requests.
• Child Welfare Court Process training for field Points of
Contact for Parental Rights.
• Women’s Refugee Commission Toolkit for Parents in all
over 72 hour facilities.
• Ongoing outreach efforts to child welfare stakeholders.
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QUESTIONS?
ICE
Parental
Interests
Directive
Overview
• Parental Rights Coordinator:
o Andrew Lorenzen-Strait, ERO Deputy Assistant Director
[email protected], 202-732-4262
• Assistant Parental Rights Coordinator:
o Nathan Berkeley, Senior Advisor
[email protected], 202-732-4066
• Case Inquiries – Email (to field office)
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Go to ERO page at www.ice.gov to submit requests to the outreach
mailbox of any ERO field office.
• Case Inquiries – Email (to HQ):
o ERO Information at ICE Headquarters: [email protected].
• Case Inquiries – Phone:
o ICE Detention Reporting and Information Line at 1-888-351-4024
8 a.m. to 8 p.m. EST, Monday through Friday.
• How to find a client who may be detained with ICE:
o Online Detainee Locator System
https://locator.ice.gov/odls/homePage.do
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Closing Slide
ICE