About the U.S. Immigration and Customs Enforcement (ICE)

U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the Department of Homeland Security (DHS) [1].

ICE’s stated mission is to protect the United States from cross-border crime and undocumented immigration that threaten national security and public safety. The ICE mission is executed through the enforcement of more than 400 federal statutes and focuses on customs violations, immigration enforcement, preventing terrorism and combating the illegal movement of people and goods

ICE is structured into two main law enforcement divisions: Homeland Security Investigations (HSI) and Enforcement and Removal Operations (ERO). HSI handles transnational crime investigations, while ERO focuses on the apprehension, detention, and removal of undocumented immigrants.

ERO is particularly known for its role in detaining and deporting individuals who are unlawfully present in the U.S., especially those involved in serious criminal activities. For instance, in fiscal year 2020, a significant majority of individuals arrested by ERO had prior criminal convictions or pending charges.

ICE operates nationwide with domestic offices across the U.S. and attachés at key U.S. diplomatic missions abroad. However, ICE personnel do not patrol borders; this responsibility lies with the U.S. Border Patrol. Instead, ERO and HSI function independently, each with its distinct mission—ERO focusing on immigration enforcement and HSI targeting broader transnational criminal activities.

Is ICE Still Apprehending People in Denver?

According to SCLG, ICE continues to operate in Denver, including the apprehension of individuals who are in violation of immigration laws [2]. However, their activities can vary depending on federal and local policies, priorities, and cooperation between ICE and local law enforcement agencies.

In Denver, there has been a history of tension between ICE and local authorities due to Denver’s policies that limit cooperation with federal immigration enforcement under the city’s “sanctuary” status. This means that while ICE is still active in the area, its ability to apprehend individuals may be affected by local policies that limit information sharing or direct cooperation.

It’s important to note that enforcement priorities and operations can change based on broader federal immigration policies and directives, which can shift with changes in administration or specific guidance from the Department of Homeland Security (DHS).

Though even though ICE is not arresting immigrants on the scale it used to, all removable aliens or undocumented aliens remain vulnerable to being apprehended and deported at any time

Deportation and Removal Process for Noncitizens in the United States

According to IAC, Noncitizens, whether undocumented or legally present but accused of violating their immigration status, may face deportation from the United States [3]. Deportation proceedings often occur while noncitizens are detained, frequently without access to legal representation.

Undocumented immigrants who have recently arrived in the country are particularly vulnerable to swift deportation or expulsion by Department of Homeland Security (DHS) officials, often without the involvement of a judge. However, some individuals have the opportunity to present their case before an immigration judge to potentially avoid removal.

Those who appear in immigration court face the possibility of being ordered deported, or “removed,” from the United States. Nonetheless, many noncitizens can request “relief from removal” from the judge, which, if granted, allows them to remain in the country.

Understanding the U.S. Removal System

There are approximately 11 million people in the United States who do not have regular immigration status and are commonly referred to as “undocumented.” About 1.19 million of these individuals already have “final orders of removal,” but remain in the United States either through official executive discretion or because immigration officials do not know their location

Recent arrivals often face rapid “summary removal” conducted by low-level DHS officials. The “expedited removal” system, established in 1996, allows for the deportation of most immigrants apprehended at the border within 14 days of entry without a judge’s involvement unless they express a fear of persecution or wish to seek asylum.

Similarly, individuals who have previously been deported may be quickly subjected to “reinstatement of removal” if they re-enter the country. Since March 2020, DHS has also been authorized to expel migrants under “Title 42,” a public health measure implemented by the Centers for Disease Control and Prevention (CDC), without issuing a formal deportation order. However, immigrants expressing fear of returning to their home country are entitled to a “credible fear interview” conducted by an asylum officer.

In Fiscal Year (FY) 2020, expedited removals accounted for 41% of all deportations, while reinstatements constituted 40%. For noncitizens not subjected to expedited removal or summary expulsion, an immigration judge must determine their removability under the Immigration and Nationality Act (INA).

The process begins when DHS files a “Notice to Appear,” outlining the grounds for removal. A DHS attorney prosecutes the case, and the immigration judge decides whether the government has the legal authority to remove the noncitizen. If found removable, the individual may apply for “relief from removal,” which the judge may or may not grant.

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References:
1. https://en.wikipedia.org/wiki/U.S._Immigration_and_Customs_Enforcement
2. https://www.shouselaw.com/co/blog/ice-in-denver-are-they-still-apprehending-people/
3. https://www.americanimmigrationcouncil.org/research/removal-system-united-states-overview