Criminal Defense of Immigrants
§ 6.35 B. Detention Priorities
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An INS memorandum provides guidelines on who the immigration authorities will actually make it a priority to detain,[1] setting out four categories, in descending order of who must be detained.
Category 1 – Mandatory detention under INA § 236(c). The INS must take into custody all noncitizens chargeable as terrorists, and virtually all noncitizens who are chargeable as removable on criminal grounds. The INS goal is that 80% of available detention space should be taken up by persons in this mandatory detention category.
A noncitizen in mandatory detention can be released only if necessary to protect a witness, a person cooperating with an investigation, or such a person’s family member. There must be a showing that release would not pose a danger to persons or property or a flight risk.
Category 2 – High priority for detention. Noncitizens chargeable with removability on security or related grounds or criminal grounds that do not trigger mandatory detention (i.e., one moral turpitude conviction with a sentence imposed of less than a year, or one or more domestic violence convictions). Noncitizens who are a danger to the community or a flight risk, those noncitizens whose detention is essential for border enforcement, or those who have engaged in alien smuggling.
Category 3 – Medium priority for detention. Noncitizens who are inadmissible, non-criminal noncitizens not in expedited removal proceedings, noncitizens who committed fraud, or who were apprehended at a worksite for committing fraud to get a job.
Category 4 – Low priority for detention. Other removable noncitizens, or noncitizens originally placed in expedited removal who have been referred to full removal proceedings based on fear of persecution.
[149] Michael Pearson, Office of Field Operations, Executive Associate Commissioner, Memorandum for Regional Directors (Oct. 7, 1998), reprinted in 75 interpreter releases 1508 (Nov. 2, 1998).
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DETENTION " IMMIGRATION DETENTION " DHS MEMO ON DETENTION PRIORITIES
http://www.aila.org/content/default.aspx?docid=41647