On March 4, 2021, ICE announced a new case review process (ICR) for detained immigrants who believe their particular case falls outside of ICE’s enforcement, detention, and removal priorities.
What Are ICE’s Priorities Regarding Enforcement, Detention, and Removal?
ICE has three stated priority categories:
1. National security: A non citizen is presumed to be a national security enforcement and removal priority if he or she has been suspected of, or has engaged in, terrorism or espionage.
2. Border security: A non citizen is presumed to be a border security enforcement and removal priority if he or she has been apprehended while attempting to enter the U.S. unlawfully after November 1, 2020, or has not been physically present in the United States prior to November 1, 2020.
3. Public safety: A non citizen is presumed to be a public safety enforcement and removal priority if he or she has been convicted of an aggravated felony or an offense for which an element was active participation in a criminal street gang.
Does My Case Fall Outside of These Priorities?
In determining whether a particular case falls outside of the priorities listed above, ICE agents and officers are to consider all relevant facts and circumstances regarding the non citizen, including:
– criminal convictions, and if so, the seriousness and recency of the convictions;
– law enforcement resources that have been spent in relation to the non citizen;
– whether a threat can be addressed through means other than removal, such as recourse to criminal law enforcement at the federal, state or local level;
– mitigating factors, such as personal and family circumstances, health and medical factors, ties to the community, evidence of rehabilitation, and availability of potential immigration relief available.
In addition, ICE agents and officers are to give particular attention to cases involving the elderly or people with physical or mental illnesses.
If you have any questions about the new ICE Case Review (ICR) process, or any other immigration matter, contact our attorneys at the Law Offices of Azita M. Mojarad, P.C. Our experienced immigration attorneys can address your concerns and advise you of the proper course of action.