40 Facts About ICE Immigration

Understanding ICE's Mission and Responsibilities

ICE, or U.S. Immigration and Customs Enforcement, plays a crucial role in enforcing immigration laws in the United States. Let's dive into some key facts about what ICE does and how it operates.

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   Mission and Responsibilities: ICE enforces the nation's immigration laws by arresting, detaining, and removing noncitizens from the United States.

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   Budget Allocation: ICE receives nearly one-third of the Department of Homeland Security's entire budget, making it a significant player in immigration enforcement.

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   Data Reporting Issues: ICE's public reporting on detentions understates the total number of individuals detained. The agency excludes those who were first booked into temporary facilities before being transferred to immigration detention facilities, amounting to tens of thousands of people.

Policy Changes and Enforcement Priorities

ICE's policies and priorities have evolved over the years, reflecting changes in administration and national security concerns.

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   Policy Changes: From 2019 to January 2021, DHS policy directed ICE to take enforcement action against all removable noncitizens. In September 2021, DHS updated its policy to prioritize action against noncitizens deemed a threat to national security, public safety, or border security.

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   Vulnerable Populations: ICE collects detention data related to select vulnerable populations, such as those with mental health conditions. Detentions of these populations varied across the years but were lower in 2020 through 2022 compared to 2019.

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   Enforcement Priorities: ICE prioritizes its enforcement actions due to limited resources, focusing on individuals who pose threats to public safety and national security.

Legal Framework and Key Legislation

The Immigration and Nationality Act (INA) is the backbone of U.S. immigration law, providing the legal framework for ICE's actions.

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   Immigration and Nationality Act (INA): The INA, enacted in 1952, is a comprehensive law governing immigration and nationality. It has been amended numerous times and contains many of the most important provisions of immigration law.

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   INA Sections: The INA is divided into various sections, including INA 101 (definition of terms), INA 202 (numerical limitations on individual foreign states), and INA 203 (allocation of immigrant visas).

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   Legal Basis for Removals: The legal basis for removals includes various INA sections, such as INA 237 (deportability), which outlines grounds for deportation.

Detention and Removal Statistics

ICE's activities include detaining and removing noncitizens. Here are some key statistics that shed light on these operations.

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    Detention Data: The total number of ICE detentions is higher than what is reported in public records. GAO analysis shows that ICE excludes individuals who were initially booked into temporary facilities but later detained in ICE facilities.

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    GAO Recommendations: The Government Accountability Office (GAO) recommended that ICE report data on all its detentions and explain any exclusions in its calculations.

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    Arrest Statistics: The number of ICE arrests varied from calendar years 2019 through 2022 but increased overall, from 133,541 arrests in 2019 to 154,204 arrests in 2022.

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    Removal Statistics: Removals declined significantly from 276,122 in 2019 to 81,547 in 2022.

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    ERO Statistics: In the third quarter of fiscal year 2024, ICE removed nearly 68,000 individual noncitizens, a 69% increase over the third quarter of fiscal year 2023.

Transparency and Public Reporting

Transparency in ICE's operations is crucial for public trust. Here are some facts about how ICE reports its data and engages with the public.

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    ERO Dashboard: The ERO dashboard tracks arrests, detention, removals, and enrollments into ICE’s Alternatives to Detention program, providing comprehensive data on ICE’s activities.

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    Public Safety Focus: ICE emphasizes its commitment to keeping communities safe by focusing enforcement resources on those who pose threats to public safety and national security.

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    Title 42 Exclusions: The data on the ERO dashboard does not include removals and returns by U.S. Customs and Border Protection or expulsions under the Title 42 public health order, which ended in May 2023.

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    Alternatives to Detention Program: ICE’s Alternatives to Detention program provides an alternative to traditional detention for certain individuals, aiming to balance enforcement with community safety.

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    ERO Data Span: The ERO statistics page includes data spanning fiscal year 2021 through the third quarter of fiscal year 2024, providing a comprehensive view of ICE’s activities over time.

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    Independent Data: The data displayed on the ERO dashboard is independent from other DHS components and does not include removals by U.S. Customs and Border Protection or expulsions under Title 42.

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    Public Release Commitment: ICE continues to demonstrate its commitment to transparency by publicly releasing enforcement data, enhancing how the agency communicates measurable data to the public.

Community Impact and Engagement

ICE's actions have significant impacts on communities across the United States. Here are some facts about how ICE interacts with and affects these communities.

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    Resource Optimization: The agency optimizes its resources to enforce U.S. immigration laws in the U.S. interior and remove individuals and families who have no legal basis to stay in the country.

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    Community Impact: ICE’s actions have significant community impacts, affecting both documented and undocumented populations within the United States.

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    Health-Related Grounds: INA 272 (bringing in aliens subject to denial of admission on a health-related ground) is another critical section that affects immigration enforcement.

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    Employment Authorization: INA 106 (employment authorization for battered spouses of certain nonimmigrants) provides specific provisions related to employment authorization for certain nonimmigrant spouses.

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    Refugee Resettlement: INA 411 (Office of Refugee Resettlement) and INA 412 (authorization for programs for domestic resettlement of and assistance to refugees) are sections that deal with refugee resettlement.

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    Immigration Bonding: INA 293 (deposit of and interest on cash received to secure immigration bonds) addresses the financial aspects of immigration bonding.

Detention Facilities and Conditions

ICE operates various detention facilities across the United States. The conditions in these facilities have been a topic of much debate.

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    Detention Facilities: ICE operates various detention facilities across the United States, housing individuals awaiting removal proceedings or serving their sentences.

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    Detention Conditions: The conditions within ICE detention facilities have been subject to controversy and criticism, with concerns over living conditions, access to medical care, and treatment of detainees.

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    Alternatives to Detention Programs: These programs aim to reduce the need for physical detention by using electronic monitoring and other alternatives, ensuring public safety while minimizing the impact on detainees and their families.

Data Collection and Reporting Practices

Accurate data collection and reporting are essential for understanding ICE's activities and their impact.

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    ICE’s Enforcement Priorities: The agency prioritizes enforcement actions based on the threat posed by the individual, focusing on those who pose a risk to national security, public safety, or border security.

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    DHS Policy Updates: The updates in DHS policy reflect changing priorities in immigration enforcement, shifting from a broad approach to a more targeted one focusing on high-risk individuals.

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    Vulnerable Population Data: GAO analysis shows that detentions of select vulnerable populations (such as those with mental health conditions) were generally lower in 2020 through 2022 compared to 2019.

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    Length of Stay: The average length of stay for detainees in select vulnerable populations decreased from 2019 to 2022.

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    ICE’s Data Collection Methods: ICE collects detention data related to select vulnerable populations in accordance with agency guidance, ensuring that these groups are monitored and reported on accurately.

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    Public Transparency: Despite efforts to enhance transparency, ICE's data reporting methods have been criticized for undercounting detentions and not fully explaining its rationale for excluding certain individuals from public reports.

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    GAO Recommendations Implementation: The GAO has recommended that ICE improve its data reporting practices to ensure accuracy and transparency, which would help in understanding the full scope of ICE’s activities.

ICE's Role in Immigration Enforcement

As a key component of DHS, ICE plays a crucial role in enforcing U.S. immigration laws, working closely with other agencies to ensure compliance and safety.

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    ICE’s Role in Immigration Enforcement: As a key component of DHS, ICE plays a crucial role in enforcing U.S. immigration laws, working closely with other agencies to ensure compliance and safety.

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    Community Engagement: ICE engages with local communities to address concerns and provide information about its activities, aiming to build trust and cooperation between the agency and the public.

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    Continuous Evaluation: ICE continuously evaluates and enhances its methods for communicating measurable data to the public, demonstrating its commitment to transparency and accountability.

ICE Immigration: Key Takeaways

ICE plays a big role in enforcing U.S. immigration laws. With nearly one-third of the Department of Homeland Security's budget, ICE focuses on arresting, detaining, and removing noncitizens. The agency prioritizes individuals who pose threats to public safety and national security. Data reporting by ICE has faced criticism for undercounting detentions, especially those initially booked into temporary facilities. Policy changes in recent years have shifted enforcement priorities, now focusing more on high-risk individuals. ICE also runs an Alternatives to Detention program, offering electronic monitoring as an option. Despite efforts to enhance transparency, concerns about detention conditions and treatment of vulnerable populations persist. The Government Accountability Office has recommended improvements in ICE's data reporting practices. Understanding these facts helps grasp the complexities and impacts of ICE's operations on both documented and undocumented populations in the U.S.