DHS Watch : ICE Structure, Projects, and Procedures
Posted Dec 19, 2003

In a recent, first ever, committee meeting between representatives from the American Immigration Lawyers Association (AILA) and U.S. Immigration and Customs Enforcement (ICE), a number of topics were discussed. We summarize issues that we believe are important to MurthyDotCom and MurthyBulletin readers. This information was released by AILA only this month.

Structure and Functions of ICE

As regular readers of MurthyDotCom and the MurthyBulletin know, ICE is an agency within the Department of Homeland Security. ICE was intended to merge various investigative and enforcement functions, previously performed by a variety of government agencies. The organizational structure is available on the ICE WebSite.

As discussed in the committee meeting, the largest division of ICE is the Office of Investigations. This Office has four divisions, one of which is the National Security Investigations Division. The Division has three branches, including the Compliance Enforcement Branch. This branch is important to immigration, as it performs investigative work related to the Student Exchange Visitor Information System (SEVIS), the National Security Entry Exit System (NSEERS) and the U.S. Visitor and Immigrant Status Indication Technology System (U.S. Visit). See our MurthyBulletin articles available on MurthyDotCom regarding these programs: DOS Issues Cable on Student Tracking-SEVIS, NSEERS Registration Suspended, and DHS Watch : Mechanics of U.S. Visit Announced. The investigative work is directed toward known SEVIS and NSEERS violators. After investigation, these individuals, if found to be present in violation of the immigration laws, can be taken into custody and issued Notices to Appear (NTAs) in removal proceedings.

The Office of Investigations has two major law enforcement initiatives. The first is the Law Enforcement Support Center (LESC). LESC is a national coordinating center that provides information on immigration status and identity to law enforcement agencies. Law enforcement agencies can make status inquiries at all hours, every day of the week, pertaining to foreign nationals who have been arrested, convicted, or are under investigation. The second initiative is a Forensic Document Laboratory. The Laboratory provides support to law enforcement on document, fingerprint, and other evidence matters.

Importance of Accurate Departure Records

Questions were raised about documenting timely departure from the U.S. in light of inaccuracies in the databases containing exit information. ICE responded that the U.S. Visit program is not within its jurisdiction, it is within the province of the U.S. Customs and Border Protection (CBP) agency. ICE stated, however, that it does investigate and, if appropriate, take enforcement action against immigration violators. For this reason, it is working on better documentation of departures, particularly for those persons subject to NSEERS exit controls.

There are discussions of potential use of passenger manifests, reporting arrivals to consulates abroad, and the like, to document proper and timely departure from the U.S. Considerations concerning documentation for NSEERS purposes, if the database does not accurately reflect departure, are also ongoing.

Close Monitoring of those Subject to Removal

The ICE structure includes the Office of Detention and Removal, which is responsible for immigration enforcement and removal issues. We had previously written about a program now known as the Hartford Project in our article, ICE Revokes Bonds, Detains after Hearings, available on MurthyDotCom. The Hartford Project is an experimental project involving detaining foreign nationals who lose their removal cases in Immigration Court. As an alternative to detention, ICE is considering different methods of tracking foreign nationals, including electronic monitoring, in those cases where detention is not mandatory.

ICE is also working on accounting for all foreign nationals who have received a final order of removal / deportation. Some people with final orders, particularly those not considered to be dangerous, have lingered in the U.S. for many years. This is the problem that ICE is attempting to address through the Hartford Project and other efforts.

Many topics were raised that did not receive answers at this initial meeting. We will keep MurthyDotCom and MurthyBulletin readers informed as ICE continues to develop programs, and provide clarifications regarding their expanding role and policies with respect to immigration enforcement.