How Individuals Come to ICE's Attention

Individuals can come to the attention of ICE and be placed into removal proceedings through various avenues, often involving cooperation with other law enforcement agencies or direct ICE operations.

Interactions with Other Law Enforcement

• Immigration Detainers: A common way individuals come into ICE custody is through immigration detainers. When a noncitizen is arrested by a state or local law enforcement agency for a criminal offense (even minor ones like traffic violations), their fingerprints are often run through national databases. If these checks indicate a potential immigration violation or a prior removal order, ICE may issue an "immigration detainer." This is a request to the local agency to hold the individual for up to 48 hours beyond their scheduled release, giving ICE time to take them into custody.

• 287(g) Agreements: Some state and local law enforcement agencies enter into 287(g) agreements with ICE. These agreements deputize local officers to perform certain immigration enforcement functions, such as questioning individuals about their immigration status, issuing detainers, and making immigration-related arrests. This allows local police to act as an extension of federal immigration enforcement.

• Transfers from CBP: Individuals apprehended by U.S. Customs and Border Protection (CBP) at the border or ports of entry are often transferred to ICE custody if they are deemed inadmissible or subject to removal. CBP's short-term holding facilities are not designed for long-term detention, so individuals are typically moved to ICE detention centers for further processing.

• Criminal Justice System Referrals: ICE also monitors state prisons and local jails, identifying noncitizens who are nearing the end of their criminal sentences and may be subject to deportation. In such cases, ICE often initiates removal proceedings while the individual is still incarcerated to facilitate their immediate transfer to ICE custody and subsequent removal upon release.

Direct ICE Operations

• At-Large Arrests: ICE conducts its own operations to locate and apprehend noncitizens in communities. These "at-large" arrests can occur in homes, workplaces, or public spaces. They often rely on intelligence gathering, data analysis (e.g., motor vehicle records, commercial databases), and tips. While ICE agents do not need a warrant to make an arrest in a public space if they have probable cause of an immigration violation, entering private property (like a home) typically requires consent or a judicial warrant.

• Workplace Raids: As highlighted by the video "What Happens When ICE Raids a Workplace?", ICE may conduct targeted operations at businesses suspected of employing undocumented workers. These raids can be highly disruptive, leading to mass arrests and immediate detention of employees.

• Targeted Enforcement: ICE prioritizes the apprehension and removal of noncitizens who pose a threat to national security, public safety (e.g., those with serious criminal convictions), or border security. They use various intelligence and investigative methods to identify and locate these individuals.

Once an individual is identified and apprehended through any of these means, they are typically placed into immigration removal proceedings, where their right to remain in the U.S. is determined by an immigration judge.