§ 6.29 V. Arrest by Immigration Authorities
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A noncitizen can be arrested by the DHS on charges of removability in a number of contexts. See § 15.11, infra. The Border Patrol can arrest an immigrant at a point of entry, and place the person in removal proceedings, either in custody or at liberty by service and filing of a Notice to Appear in immigration court. See § 15.13, infra. The DHS can arrest an immigrant when s/he appears in the DHS offices for an interview to obtain a benefit. See § 15.17, infra. It is very common for the DHS to monitor the populations of state and federal criminal detention facilities, particularly shortly before the release date of an inmate, to screen for removable noncitizens and place immigration holds against them, so they pass directly into immigration custody upon completion of their sentences. See § § 6.11-6.12, infra. They may do so even before the person has been convicted in criminal court, if the immigrant is subject to a ground of removal before the current criminal case has resulted in a conviction. Finally, it is possible for the DHS to go into the field to arrest an immigrant, either one who is coming across the border illegally, or during a workplace raid, or special arrest operation of the DHS. See § 15.19, infra.
INADMISSIBILITY - RETURNING LPRS - SAN FRANCISCO CBP -DETENTION
In accordance with Camins v. Gonzales, 500 F.3d 872, 885 (9th Cir. 2007), San Francisco CBPs Deferred Inspections Unit has stopped issuing NTAs to LPRs returning from a brief, casual, and innocent trip abroad, where their guilty or no contest plea to an pre-IIRIRA offense would previously have rendered them inadmissible under INA 212(a)(2).
Instead, these cases are referred to ICE when there may be a possible charge under INA 237(a)(2). Unfortunately, ICEs policy on taking people into custody is much stricter than CBPs. Therefore, people are being placed in mandatory detention that otherwise may have been released on their own recognizance.
Thanks to Joren Lyons, Staff Attorney for Immigrant Rights at Asian Law Caucus.
DOMESTIC AIR TRAVEL - RISK OF IMMIGRATION DETENTION - FUNCTIONAL EQUIVALENT OF BORDER
The Transportation Safety Administration is checking visas at some airports where passengers offer foreign passports as identification. This has been reported at Honolulu International Airport, where they are checking flights among different Hawaiian Islands as well as flights between Hawaii and the mainland. Moreover, even ground transportation within areas considered functional equivalents of the border poses a risk that noncitizens may be identified and placed in immigration detention. Domestic travel in Upstate New York carries a risk, within the area called the "functional equivalent of the border," which allows the Border Patrol to do transportation checks. They are very active in the area all along Route 90, that is Buffalo, Rocheser, Syracuse, and Albany, including train and bus stations and airports. There are also USBP checkpoints on Route 87 from Montreal to NYC. Southern California also poses risks.
OVERVIEW " CONTACT WITH ICE " SECURE COMMUNITIES MANDATORY MEMO
An October 2010 ICE memo from ICE Deputy Legal Advisor Riah Ramlogan to ICE Assistant Deputy Director Beth Gibson presenting ICE's legal arguments for making Secure Communities mandatory. http://www.aila.org/content/default.aspx?docid=38217