United States Immigration and Customs Enforcement Agency, also known as ICE, has created a command center located in southern California in the city of Laguna Niguel, which houses 85 federal agents. These agents are responsible for determining just which immigrant detainees will be deported to their country of origin or will be released.
ICE has had to restore its reputation in the public eye following the shooting of a San Francisco woman in the earlier part of the year. The shooter was an undocumented immigrant who had been released from ICE custody several times.
The center was spearheaded initially with the goal of speeding up the procedure for processing and deporting undocumented aliens in the area. Since that time however, it has developed into a brain center for many of the detention facilities located throughout the country, effectuating close to 40 percent of all detainers issued.
This summer, from June to August, 6,800 detainers were issued for undocumented aliens, most of whom are criminal aliens. The system utilizes states law enforcement data bases which are analyzed and screened in an attempt to determine the immigration status of detainees located at those facilities. Many times it is discovered that the individual is lawfully present in the country. When that it the case, it must then it must be determined if that individual is a United States citizen or a lawful permanent resident. The difference in status would determine if the person would be deportable or removable, based on the crime committed.
Some jurisdictions allow ICE agents to meet with inmates who have detainers, however in Los Angeles County, these detainees will not be held on an ICE detainer, but released following the completion of the allocated time. In San Francisco, ICE agents are not permitted to see detained inmates and any ICE detainer is not recognized in this jurisdiction. In Santa Clara County, detainers are still not being recognized or honored but they are considering working with ICE when it comes to those who have committed serious or dangerous crimes.
The inconsistency in the enforcement of ICE detainers serves to create pockets of safe haven for individuals seeking to avoid detection by immigration authorities.
Anti-immigration activists are angry that many serious criminals are still being released into society, rather than being detained by ICE officials. Immigration proponents contend that the inconsistent approach is prejudicial and that undocumented individuals with a minor criminal infraction could be “turned in” to ICE officials and detained in areas where it is permitted.
ICE contends that the priority of the Department of Homeland Security (DHS) is to detain and deport serious criminals, including suspected terrorist, which was the mission contemplated following the terrorist attacks of September 11th, when President George W. Bush created the DHS.
Critics are skeptical and reluctant to applaud the enforcement efforts of ICE. Constitutional arguments have been raised regarding the rights of undocumented individuals. However, recently the tides have turned politically against immigration and many Americans support greater enforcement of the immigration laws, including the detention of undocumented criminals and their ultimate deportation or removal from the United States.
