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What powers do immigration officers have? Is Trump's ICE going too far?
What powers do immigration officers have? Is Trump's ICE going too far?

The Hill

time24-07-2025

  • Politics
  • The Hill

What powers do immigration officers have? Is Trump's ICE going too far?

ICE's Enforcement and Removal Operations branch has primary responsibility for immigration enforcement in the interior of the U.S., which includes 'the identification, arrest, detention, and removal of deportable aliens.' The specific policies of Immigration and Customs Enforcement change whenever a new president is in the White House, but the statutory enforcement provisions have remained relative stable since the enactment of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act. Reuters reporters Ted Hesson and Kristina Cooke claim that the changes under the current administration are due to White House demands to increase daily arrest statistics. The White House announced recently that it wants Enforcement and Removal Operations to triple the average number of daily arrests — an increase from 1,000 to 3,000. The reporters claim that community members and Democrats are pushing back against the administration's focus on increasing arrests, 'arguing that ICE is targeting people indiscriminately and stoking fear.' But is this really the problem, or is it that the current administration's policy is to arrest anyone found in the U.S. illegally? The previous administration's policy was to limit enforcement to aliens 'who pose a threat to national security, public safety, and border security and thus threaten America's well-being.' It would be more appropriate, however, to judge ICE on the basis of whether officers are complying with the statutory enforcement restrictions — and I suspect that few people know what these restrictions are. ICE Enforcement and Removal Operations enforcement authority comes primarily from two sections in the Immigration and Nationality Act. Section 1226 provides that, upon issuance of an administrative arrest warrant, an ICE Enforcement and Removal Operations officer may arrest and detain an alien 'pending a decision on whether the alien is to be removed from the United States.' Administrative arrest warrants are issued by officers. It also provides that an illegal immigrant can be released on a bond of at least $1,500, or on his own recognizance. Some criminal aliens are subject to mandatory detention. Section 1357 provides authority for officers to act without a warrant in specified situations. For example, an officer can question any 'person believed to be an alien as to his right to be or to remain in the United States.' Section 1304(e) requires aliens 18 years of age and over to carry specified immigration documents with them at all times. An Enforcement and Removal Operations officer can 'arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law.' And perhaps the most controversial one is that officers can arrest any alien they have 'reason to believe' is in the United States unlawfully 'and is likely to escape before a warrant can be obtained for his arrest.' The Fourth Amendment, meanwhile, provides that the 'right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.' A search is considered 'unreasonable' if there was a reasonable expectation of privacy in the area searched. A 'reasonable expectation of privacy' means that there is an actual (subjective) expectation of privacy, and the expectation is 'one that society recognizes as (objectively) reasonable.' Consequently, immigration officers are required to obtain consent or to have a judicial warrant to enter spaces that are 'not open to the public, including homes, schools, and areas labeled 'private.'' But Enforcement and Removal Operations officers do not need a warrant or consent to enter areas that are open to the public. Judicial warrants are issued by judges, not by ICE officers. Section 1357(g), also known as 287(g), permits the secretary of the Department of Homeland Security to enter into a written agreement authorizing state or local law enforcement officers 'to perform a function of an immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States.' ICE operates three programs with these agreements. The first is a Jail Enforcement Model 'to identify and process removable aliens — with criminal or pending criminal charges — who are arrested by state or local law enforcement agencies.' The second is a Task Force Model, 'a force multiplier for law enforcement agencies to enforce limited immigration authority with ICE oversight during their routine police duties.' The third is a Warrant Service Officer program that 'allows ICE to train, certify and authorize state and local law enforcement officers to serve and execute administrative warrants on aliens in their agency's jail.' DHS regulations govern the use of force. They provide that non-deadly force may be used when an ICE officer has a reasonable basis for believing that such force is necessary. 'Deadly force' is defined as 'force that is likely to cause death or serious physical injury.' This is only permitted when an ICE officer 'has reasonable grounds to believe that such force is necessary to protect the … officer or other persons from the imminent danger of death or serious physical injury.' I think the concern over the White House's call for Enforcement and Removal Operations to triple the daily arrest statistics is overstated. The administration is preparing appropriately to be able to handle the increase. It is going to hire 10,000 new ICE officers, in addition to a major increase in agreements with local authorities. As of April 2025, the administration had increased the program from 151 to 456 agreements. Nolan Rappaport was detailed to the House Judiciary Committee as an Executive Branch Immigration Law Expert for three years. He subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.

El Salvador to send detained Venezuelans to Caracas in exchange for Americans held in Venezuela, sources say
El Salvador to send detained Venezuelans to Caracas in exchange for Americans held in Venezuela, sources say

The Star

time18-07-2025

  • Politics
  • The Star

El Salvador to send detained Venezuelans to Caracas in exchange for Americans held in Venezuela, sources say

WASHINGTON (Reuters) -El Salvador's government will send detained Venezuelans to Caracas in exchange for Americans held in Venezuela, two U.S. government officials told Reuters on Friday. One of the officials said El Salvador would send 238 Venezuelans held in its maximum security CECOT prison to Caracas and that the Venezuelan government would release five U.S. citizens and five permanent residents to U.S. custody. The second official confirmed the exchange was taking place and said the figures appeared to be close to what was expected. The Venezuelan communications ministry did not immediately respond to a request for comment. The U.S. State Department declined to comment. The White House and the U.S. Department of Homeland Security did not immediately respond to a request for comment. (Reporting by Ted Hesson and Aram Roston; Additional reporting by Julia Symmes Cobb in Bogota; Editing by Mark Porter and Don Durfee)

How the Republican spending bill super-charges immigration enforcement
How the Republican spending bill super-charges immigration enforcement

Hindustan Times

time02-07-2025

  • Politics
  • Hindustan Times

How the Republican spending bill super-charges immigration enforcement

By Ted Hesson How the Republican spending bill super-charges immigration enforcement WASHINGTON, - The major tax-cut and spending bill that Republicans hope to bring to final passage in the U.S. House of Representatives this week would devote an unprecedented $170 billion to immigration enforcement, according to an analysis by the pro-immigration American Immigration Council and a Reuters review of the bill text. DETENTION The bill, which passed in the U.S. Senate on Tuesday, would provide $45 billion for immigration detention to increase from the currently funded level of a daily average of 41,500 people to at least 100,000, by far the most on record. U.S. Immigration and Customs Enforcement, which administers the immigration detention system, was over its funded capacity as of June 15, with 56,000 in custody. President Donald Trump, a Republican, visited a temporary detention facility on Tuesday dubbed "Alligator Alcatraz" because of its location in the Florida Everglades, a subtropical wetland. Trump said other states could follow the same model as Florida, which quickly constructed large tents and expects reimbursement via federal emergency management funds. BORDER WALL The bill devotes $46.6 billion toward construction of a wall on the U.S.-Mexico border. During Trump's 2017-2021 presidency, his administration built about 450 miles of border barriers although much of that replaced existing structures. The entire border spans 1,954 miles . Another $5 billion would go toward upgrading U.S. Customs and Border Protection facilities and checkpoints. The number of migrants caught crossing illegally has dropped to record lows since Trump took office in January. HIRING MORE OFFICERS The legislation provides $30 billion for ICE's arrest and deportation operations - more than double the $10 billion appropriated for the agency this year. The funds would pay for the hiring and training of new ICE officers. The money could also be used to ramp up arrests across the country through partnerships with state and local law enforcement. While the Senate bill does not specify how many officers, the House version of the legislation had set a level of 10,000 ICE officers over five years. ICE has about 21,000 full-time employees, according to a budget document published in June. The measure gives $4.1 billion to hire more CBP personnel, including Border Patrol agents. REIMBURSEMENTS TO STATES The bill creates a $10 billion fund to provide reimbursements for spending use to support the U.S. Department of Homeland Security's efforts to secure the border. Texas Governor Greg Abbott, a Republican, sent a letter in January to U.S. lawmakers requesting reimbursement for more than $11 billion the state spent on border security efforts. FEE INCREASES The legislation will raise fees for various immigration applications, potentially deterring or delaying some migrants from seeking legal status. The bill for the first time will create a $100 fee for an asylum application. Asylum seekers would also face a new $550 work permit fee. The American Immigration Council estimates asylum seekers would pay at least $1,150 over a five-year process to obtain asylum. Fees would also rise for programs that offer temporary legal immigration status and protection from deportation, which Trump generally opposes. People applying for Temporary Protected Status would see registration fees rise from $50 to $500. Those seeking humanitarian "parole" would have fees increase from $630 to $1,000. This article was generated from an automated news agency feed without modifications to text.

Florida plans 'Alligator Alcatraz' migrant detention center
Florida plans 'Alligator Alcatraz' migrant detention center

Hindustan Times

time24-06-2025

  • Politics
  • Hindustan Times

Florida plans 'Alligator Alcatraz' migrant detention center

* Florida plans 'Alligator Alcatraz' migrant detention center Florida begins construction of 'Alligator Alcatraz' detention facility * Facility to house up to 5,000 migrants, costing $450 million annually * DHS to use FEMA funds to cover detention center costs By Ted Hesson June 24 - Florida began on Tuesday construction of a temporary migrant detention facility dubbed "Alligator Alcatraz" due to its remote location in the Everglades, a vast subtropical wetland teeming with alligators, crocodiles and pythons. Footage aired by a local NBC affiliate showed the start of construction on the site, which will feature large tents to house migrants and trailers for staff. The facility will have minimal security due to the natural barriers provided by the surrounding inhospitable marshy grasslands, a Florida official said last week. U.S. President Donald Trump, a Republican, has sought to ramp up the detention and deportation of migrants, saying it was needed after millions crossed the border illegally under Democrat Joe Biden. The number of people in federal immigration detention has risen sharply from 39,000 when Trump took office to 56,000 as of June 15, according to U.S. government data, and the Trump administration has pushed to find more space. The Florida facility, estimated to cost $450 million annually, could eventually house up to 5,000 people, according to the U.S. Department of Homeland Security. In a video posted on social media last week, Florida Attorney General James Uthmeier said the site could hold up to an initial 1,000 people in 30-60 days. ICE on average pays $165 per day for a detention bed, according to agency budget documents. If the Florida facility eventually has capacity for 5,000 people, the cost would be $247 per day. DHS said it had set aside funding from the Federal Emergency Management Agency's shelter and services program to cover a "large part" of the cost of the detention center. The shelter funds, normally used in case of major disasters, were used by the Biden administration to reimburse New York City and other cities for housing newly arrived migrants. This article was generated from an automated news agency feed without modifications to text.

ICE walks back limits on raids targeting farms, restaurants and hotels
ICE walks back limits on raids targeting farms, restaurants and hotels

Yahoo

time17-06-2025

  • Politics
  • Yahoo

ICE walks back limits on raids targeting farms, restaurants and hotels

By Ted Hesson and Leah Douglas WASHINGTON (Reuters) -U.S. immigration officials have walked back limits on enforcement targeting farms, restaurants, hotels and food processing plants just days after putting restrictions in place, two former officials familiar with the matter said, an abrupt shift that followed contradictory public statements by President Donald Trump. U.S. Immigration and Customs Enforcement leadership told field office heads during a call on Monday that it would roll back a directive issued last week that largely paused raids on the businesses, the former officials said, requesting anonymity to discuss the new guidance. ICE officials were told a daily quota to make 3,000 arrests per day - 10 times the average last year during former President Joe Biden's administration - would remain in effect, the former officials said. ICE field office heads had raised concerns they could not meet the quota without raids at the businesses that had been exempted, one of the sources said. It was not clear why last week's directive was reversed. Some ICE officials left the call confused, and it appeared they would still need to tread carefully with raids on the previously exempted businesses, the former officials said. U.S. Department of Homeland Security spokesperson Tricia McLaughlin said ICE would continue to make arrests at worksites but did not respond to questions about the new guidance. "There will be no safe spaces for industries who harbor violent criminals or purposely try to undermine ICE's efforts," she said in a statement on Tuesday. The Washington Post first reported the reversal. Trump took office in January aiming to deport record numbers of immigrants in the U.S. illegally. ICE doubled the pace of arrests under Trump compared with last year but still remains far below what would be needed to deport millions of people. Top White House aide Stephen Miller ordered ICE in late May to dramatically increase arrests to 3,000 per day, leading to intensified raids that prominently targeted some businesses. Trump said in a Truth Social post on Thursday that farms and hotel businesses had been suffering from the ramped up enforcement but also said, without evidence or explanation, that criminals were trying to fill those jobs. ICE issued guidance that day pausing most immigration enforcement at agricultural, hospitality and food processing businesses. But in another Truth Social post on Sunday, Trump called on ICE to target the Democratic strongholds of Los Angeles, Chicago and New York and to use the full extent of their authority to increase deportations. A White House official said Trump was keeping a promise to deliver the country's single largest mass deportation program. "Anyone present in the United States illegally is at risk of deportation," the White House official said. Deborah Fleischaker, who held senior roles at both DHS and ICE during Biden's presidency, said the shifting ICE guidance reflects broader turmoil at the agency since Trump took office. The White House has ousted multiple ICE leaders as it pressed for more arrests. "It has been chaos and confusion since the beginning," she said. FARMERS PUSH BACK The intensified ICE enforcement after Miller's late May order renewed long-running concerns among farmers about ICE operations targeting their workforce. Nearly half the nation's approximately 2 million farm workers lack legal status, according to the departments of Labor and Agriculture, as do many dairy and meatpacking workers. Farm industry fears escalated last week when ICE detentions and arrests of workers were reported at California farms, a Nebraska meatpacking plant and a New Mexico dairy. Livestock and restaurant sector representatives said on a press call organized by the American Business Immigration Coalition on Tuesday that raids make operations more difficult in their heavily immigrant-dependent industries. "The people pushing for these raids that target farms and feedyards and dairies have no idea how farms operate," said Matt Teagarden, CEO of the Kansas Livestock Association. Michael Marsh, CEO of the National Council of Agricultural Employers, said farm groups had not had enough input into the administration's decision-making so far on immigration enforcement in agriculture. Marsh said he had not received responses from Agricultural Secretary Brooke Rollins, Homeland Secretary Kristi Noem and other officials to a letter sent last week requesting a meeting. "We've got a serious issue if we have almost a million of our workers that are going to be subject to deportation," he said. "Because if that's the case, and they are picked up and they are gone, we can't fill those positions."

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