Immigration Custom & Enforcement (ICE) has issued a new memorandum on the subject of national detainee policy. National detainee policy is the directive that allows local law enforcement to put an immigration hold on subjects who are suspected to have no immigration status. This new memo from ICE for detainers in the Federal, State, Local and Tribal Criminal Justice system is different from the last memo, and it can be said that the scope of detainer has been narrowed. Under the new memo, a detainer should be issue only when
1. There is reason to believe that the alien is subject to removal and
2. That one of the following condition applies:
- The individual has a prior felony conviction or has been charged with a felony offense.
- The individual has three or more prior misdemeanor convictions.
- The individual has a prior misdemeanor conviction or has been charged with a misdemeanor offense if the misdemeanor conviction or pending charge involves:
- violence, threats or assault sexual abuse or exploitation driving under the influence of alcohol or a controlled substance, unlawful flight from the scene of an accident, unlawful possession or use of a firearm or other deadly weapon the distribution or trafficking of a controlled substance, or other significant threats to public safety
3. The individual has been convicted of illegal entry pursuant to 8 USC Section 1325
4. The individual has illegally re-entered the country after a previous removal or return,
5. The individual has an outstanding order of removal.
6. The individual has been found by an immigration officer or an immigration judge to have knowingly committed immigration fraud, or
7. The individual otherwise poses a significant risk to national security, border security and public safety.
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