IMMIGRATION

ENFORCEMENT

OFF TARGET

Minor Offenses With
Major Consequences

AUGUST 2011

AMERICAN IMMIGRATION LAWYERS ASSOCIATION
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TABLE OF CONTENTS
***

Executive Summary
1

Findings and Recommendations
2

I. Report Methodology and Organization
3

II. DHS Initiated Removal Proceedings Against Many Who
Presented No Threat to Public Safety or National Security
4

III. Evidence of Racial Profiling Was Present in Many Referrals from LLEAs
8

IV. DHS Initiated and Pursued Enforcement Action Against Many Who Had Compelling Equities
11

V. State and Local Involvement in Immigration Enforcement Undermines Immigrant Communities’
Trust in Local Law Enforcement and Community Safety
13
VI. Conclusion
15

***
Appendix A: Selected Case Summaries
16
***

Appendix B: Comprehensive Case Chart
24

ABOUT THE AMERICAN IMMIGRATION LAWYERS ASSOCIATION
The American Immigration Lawyers Association (AILA) is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, and advance the quality of
immigration law practice. AILA has over 11,000 attorney and law professor members who practice and teach immigration law. Founded in 1946, AILA is a nonpartisan, not-for-profit organization that provides continuing legal
education, information, professional services, and expertise through its 36 chapters and over 50 national committees.

ACKNOWLEDGEMENTS
This report was written by Alexsa Alonzo, Associate Director of Advocacy; Kristin Macleod-Ball, Legal Intern;
Greg Chen, Director of Advocacy; and Su Kim, Advocacy Associate.
Report Design: Brad Amburn, Graphic Designer and Bobby Bequeaith, Manager of Creative Services
AILA is grateful to our member attorneys and their clients who shared their experiences
and made this report possible.
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T

Executive Summary

he Department of Homeland Security (DHS) maintains that it is enforcing immigration laws in a
targeted manner that prioritizes those who present serious threats to public safety and our nation’s
security. DHS Secretary Janet Napolitano and Immigration and Customs Enforcement (ICE)
Director John Morton frequently point out that they have dramatically increased enforcement
against those convicted of serious crimes.1 In June 2010, Director Morton issued a written memorandum
calling for ICE agents to focus on the agency’s “highest enforcement priorities, namely national security,
public safety, and border security.”2
By prioritizing its enforcement, DHS asserts that it is using more effectively the finite federal resources at
its disposal while aggressively pursuing an agenda that maintains the rule of law. In this regard, DHS has
deported unprecedented numbers of people—nearly 400,000 in the most recent fiscal year—and greatly
expanded the manpower, technology, and infrastructure on the border.
But questions remain as to whether DHS is doing what it claims: Has DHS, in fact, implemented a
targeted enforcement agenda and done so consistently and effectively? Does DHS have policies and
systems that ensure it pursues those who truly threaten our safety rather than harmless individuals who are
a low-priority for enforcement or who might even be legally entitled to stay in the U.S.?
Anecdotal case data collected by the American Immigration Lawyers Association (AILA) from its
attorney members, representing 127 cases from across the country, offers clear evidence that the way in
which DHS engages state and local law enforcement (LLEAs) in immigration enforcement is distracting
the department from its stated priorities. Nearly every case in this survey fell well outside of DHS’s stated
priorities. As a whole, the cases starkly illustrate how individuals who present no criminal justice concern
to LLEAs and no risk to public safety are nevertheless being funneled into the removal process.

DHS programs including the Criminal Alien Program (CAP)3 and the highly controversial Secure
Communities4 and 287(g) programs5 have received the most public attention but are not the only cause
for concern. Just as troubling is the practice of ICE and Customs and Border Protection (CBP) agents
responding to individual roadside calls by LLEAs that often lack any articulated criminal law infraction.

1 Testimony of Secretary Janet Napolitano before the Senate Committee on the Judiciary, “Department of Homeland Security Oversight,” March 9, 2011,
http://www.dhs.gov/ynews/testimony/testimony_1299683039975.shtm. Testimony of Director John Morton, U.S. Immigration and Customs Enforcement,
before the House Committee on Appropriations, Subcommittee on Homeland Security, “U.S. Immigration And Customs Enforcement FY 2012 Budget
Request,” March 11, 2011, http://www.dhs.gov/ynews/testimony/testimony_1300735256337.shtm.
2 John Morton, Director, ICE, “Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of Aliens” at 2, June 30, 2010
(reissued on March 2, 2011), http://www.ice.gov/doclib/news/releases/2011/110302washingtondc.pdf. The memorandum also states: that the highest priority
should be placed on violent criminals, repeat offenders, and individuals who “pose a serious risk to public safety.”
3 The Criminal Alien Program is a DHS enforcement program that screens individuals in more than 300 state and local jails, as well as all state and federal
prisons. The operation of the program varies among participants, however, generally, the LLEA provides ICE with a list of individuals who have been booked
into the jail and ICE conducts interviews of select detainees, and identifies those it believes may be removable under immigration law.
4 Secure Communities is a DHS enforcement program that uses fingerprints collected by local and state law enforcement to identify individuals who may
be deportable under immigration law. The program was initiated in 2008 and DHS plans to activate it in every law enforcement jurisdiction in the country
by 2013. For more information, see Michele Waslin, “The Secure Communities Program: Unanswered Questions and Continuing Concerns.” Washington,
DC: Immigration Policy Center, November 2010. http://immigrationpolicy.org/special-reports/secure-communities-program-unanswered-questions-andcontinuing-concerns
5 The 287(g) program, named after the Immigration and Nationality Act code section from which it derives its authority, INA 287(g), deputizes local and state
law enforcement officers to enforce federal immigration laws themselves through formal Memoranda of Agreement between the federal government and local
authorities.

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When DHS programs and practices encourage local authorities to become integrally involved in
immigration enforcement, the distinctions between police,6 ICE, and CBP are blurred and create confusion
in the community about who plays what role. Police are perceived as no longer just protecting public safety
and enforcing criminal law but also, or even primarily, as enforcing civil immigration law. Law enforcement
leaders have described how this merging of immigration enforcement with criminal law enforcement
erodes immigrant communities’ trust in the police and local government, and ultimately undermines
public safety. Instead of investigating crimes, police are questioning accident victims or others engaged in
innocent behavior about their immigration status and turning them over to ICE or CBP. In some cases,
police also appear to be engaging in impermissible police practices, including racial profiling and other
civil rights abuses. The overall message to the community is that any contact with local police, no matter
how innocent or random, can result in deportation.
Previous reports by the government and non-governmental organizations have already identified many
of the policy concerns described above.7 The cases in this report are overwhelming confirmation of the
problems that arise when DHS involves local police in immigration enforcement. Taken together, the
cases reveal that the immigration enforcement system is not acting pursuant to defined priorities and that
DHS lacks coherent mechanisms to ensure that cases are evaluated and prioritized before enforcement
action is taken. With the lives of so many individuals and their families at stake, as well as the broader
impact on the community, DHS cannot afford to operate any longer in this haphazard manner and should
take immediate steps to put immigration enforcement back on target.

Findings and Recommendations
Findings
1.	 Through Secure Communities, the 287(g) program, CAP, and informal practices, LLEAs regularly
refer cases to ICE and CBP who do not present any threat to public safety or national security. Upon
LLEA referral, DHS is taking action against these low priority individuals. In the vast majority of cases
documented in this report, the people placed in removal proceedings had committed minor offenses
or no offense at all, presented no public safety or security risk, and had no criminal background. By
initiating and pursuing enforcement actions in these types of cases, ICE and CBP resources are being
diverted away from the agencies’ priorities.
2.	 In the vast majority of cases documented in this report, the people referred to DHS by LLEAs had
compelling equities weighing in their favor. Over 80 had resided in the U.S. for over a decade or had
deep ties to the community, including family members who are U.S. citizens or lawful permanent
residents who depend on them for care and support. Some were eligible for immigration benefits or
other relief from removal. These are precisely the type of people who warrant the favorable exercise of
discretion under the June 17, 2011, ICE memorandum that sets forth comprehensive guidelines on
prosecutorial discretion for all ICE agents, prosecutors, and senior officers.8
6 In this report, the terms “police” or “police officer” are being used generically to refer to any state or local law enforcement officer, including local police, state
troopers, and sheriff ’s deputies.
7 See DHS Office of Inspector General, “The Performance of 287(g) Agreements,” March 2010, http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_10-63_
Mar10.pdf; DHS Office of Inspector General “The Performance of 287(g) Agreements, Report Update,” September 2010, http://www.dhs.gov/xoig/assets/
mgmtrpts/OIG_10-124_Sep10.pdf; Michele Waslin, “ICE’s Enforcement Priorities and the Factors that Undermine Them.” Washington DC: Immigration
Policy Center, November 2010.
8 John Morton, Director, ICE, “Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for
Apprehension, Detention, and Removal of Aliens,” June 17, 2011.

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3.	 Any contact with the police, no matter how innocent or trivial, can result in immigration enforcement
and removal. Police may initiate stops for the sole or primary purpose of enforcing immigration law,
and may engage in racial profiling or other abusive practices to accomplish this.
Recommendations
Recommendation 1:
DHS should establish screening mechanisms and other systems to ensure that priorities are followed
whenever an enforcement action initiated by a referral from a LLEA is contemplated. In particular, DHS
should provide clearer guidance as to when and how DHS agents, prosecutors, and senior management
should respond to roadside or other informal requests from LLEAs on immigration enforcement matters.
Recommendation 2:
DHS should not issue detainers or initiate removal proceedings against individuals charged with or convicted
of misdemeanor offenses unless there is evidence that they present a threat to public safety or national security.
Recommendation 3:
DHS should establish systematic review mechanisms to ensure that in all cases, compelling equities and
other factors weighing in favor of prosecutorial discretion are considered before any enforcement action
is initiated.
Recommendation 4:
Whether a case comes through Secure Communities, the 287(g) program, or a roadside call, DHS
should not initiate enforcement action when an LLEA or police officer under investigation for racial
profiling or other improper police practices is the referring source.
Recommendation 5:
DHS should proactively consider the ways in which its programs and practices are vulnerable to abuse
by LLEAs and develop and implement mechanisms nationwide to prevent this from occurring.

I. Report Methodology and Organization
Report Methodology
In May 2011, AILA requested that its attorney members provide examples of cases in which their clients
had been stopped, questioned, or arrested by police for minor offenses that resulted in the initiation of
removal proceedings. In the first week nearly 100 AILA attorneys responded, and ultimately more than
125 attorneys sent descriptions of over 200 incidents. This report is based on 127 of those cases (see
Appendix B) which involve incidents that took place in 24 states and the District of Columbia.9
The initial May e-mail sent to attorneys did not ask them to specify the DHS program that resulted in their
clients’ identification by DHS. In follow-up communications, some provided this information but many
did not know how their clients had been identified. Secure Communities, the 287(g) program, and CAP
generated many referrals but most resulted from police contacting DHS agencies from the roadside or at the
booking station. In the majority of cases, ICE or CBP responded by issuing a detainer or immediately driving
to the location of the incident to pick up the individual.
9 Attorneys described incidents that took place in California, Colorado, Connecticut, Florida, Georgia, Illinois, Maryland, Massachusetts, Michigan,
Minnesota, Mississippi, Missouri, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, South Carolina, Texas, Vermont,
Virginia, Washington, and West Virginia, as well as Washington, DC

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This report represents just a few of the thousands of individuals who have been deported as a result of contact
with LLEAs and subsequent referrals to DHS. Nearly all of the cases in this report involve individuals
represented by immigration counsel or who were able to speak with an immigration attorney prior to removal.
Absent from this report are the far larger number of individuals who are removed from the U.S. without being
able to consult with an attorney and indigent persons who are appearing pro se before the immigration courts.
In June, AILA sent a letter to Secretary Napolitano and Director Morton that described our preliminary
findings and provided fourteen detailed case examples that are also included in this report.
Organization of the Report
The main body of this report is divided into four sections. The report also includes two appendices that
provide more detailed information about the cases referenced in the main body of the report. Appendix A
includes narratives of 38 of the cases (listed as Case A through Case LL). Appendix B is a comprehensive
chart of all 127 cases divided by columns that include: a brief narrative of the case, the date of incident, the
state where incident occurred, the reason for LLEA stop, whether charges were filed or a conviction was
obtained, whether the person has a criminal history, whether a detainer was issued, whether the person
was detained, the status of the person’s immigration case, whether the person has U.S. citizen or lawful
permanent resident family member in the U.S., and the person’s nationality.

II. DHS Initiated Removal Proceedings Against Many
Who Presented No Threat to Public Safety or National Security.
State and local authorities may provide valuable information and referrals to aid DHS in the enforcement
of immigration law. But DHS agents and prosecutors need a systematic way to assess whether to act upon
that information. The cases in this report show that CBP and ICE agents responded to calls, detained
individuals, and initiated removal proceedings without first determining whether the case fell within the
agency’s overall priorities. In the absence of a screening process that is applied consistently, DHS will
continue to expend valuable enforcement resources on the removal of non-priority individuals who are
stopped for minor offenses or for no offense at all, who will not be prosecuted or even charged with any
crime, or who have no previous criminal history.
Furthermore, because each LLEA has its own policies, practices, and enforcement goals, it would be
wrong to assume that cases referred from LLEAs—whether through automatic mechanisms like Secure
Communities or a roadside call—will match DHS’s enforcement goals. To ensure that priorities are
pursued consistently, DHS and its component agencies must systematically screen all cases.
A. In 82 cases, ICE or CBP initiated proceedings against individuals arrested or cited for minor
offenses, including traffic violations.
Sixty-six cases involve people who were placed in removal proceedings after being arrested or cited for
minor traffic violations.10 Drivers were pulled over for making right turns on red lights, U-turns, or other
improper turns, or for having broken brake lights, tail lights, or lights over their license plates. They were
arrested after failing to use a turn signal when changing lanes or turning, failing to wear a seatbelt, rolling
10 See cases 3, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 22, 24, 25, 28, 29, 33, 34, 35, 36, 37, 38, 39, 40, 43, 46, 47, 48, 51, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 64, 65, 66,
67, 68, 69, 70, 74, 76, 90, 93, 95, 97, 99, 101, 103, 105, 106, 107, 108, 109, 112, 113, 117, 120 and 125 in Appendices A and B. Twenty additional cases involved
roadside stops, but the individuals were not arrested or cited for any offense. See cases 2, 4, 19, 20, 21, 23, 26, 27, 49, 50, 52, 82, 83, 88, 92, 98, 110, 122, 123 and 126.

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through stop signs, or being involved in car accidents, regardless of whether they were at fault. Some
were stopped for driving cars with tinted windows or cracked windshields, for speeding or using a cell
phone while driving, or for unpaid parking tickets or expired registration tags or insurance. In some cases,
individuals were not given any explanation for the initial stop. Once stopped, the most frequent basis for
an arrest or citation was driving without a license or having an expired or otherwise invalid license. 11 The
individuals in these cases, while possibly having violated minor traffic laws, are not the dangerous criminals
or threats to public safety that DHS purports to target.
In summer 2009, a woman was driving in California when she was pulled over because the light
illuminating her license plate was out. She was arrested for the broken light, as well as for driving
without a license or insurance, and was reported to ICE. She is currently in removal proceedings.
She has resided in the U.S. since childhood and graduated from a U.S. high school.12
In January 2011, a woman was pulled over in Minnesota for failing to signal while making a right
turn. She was cited for driving without a license and having frost on her windshield, and was reported
to ICE. She is currently in removal proceedings. She has a 15-month-old U.S. citizen daughter.13

	
Though traffic stops were the most common way for police to initiate contact, in 16 cases the minor
offenses that led to removal proceedings were not related to a moving violation.14 People were reported
to ICE following arrests for leaving a car running unattended, public intoxication, picking plants from a
forest, arguing with a police officer, refusing to give their name to campus police, and selling $2 and $5
phone cards from a private residence.
In July 2009, a young man was arrested for sitting on subway steps in violation of New York City
code. He was reported to ICE and then held in immigration detention until he was removed from
the U.S. later that summer. His mother has been granted a U visa, and he is now seeking to reenter
the country as a U visa derivative.15
In early 2011, a college student was in a bar in New York when a fight broke out. The police arrested
everyone who was in the area where the fight occurred, regardless of whether or not they had been
involved in the fight. The student was among those arrested who had not been fighting. The police
notified ICE, and he was taken into ICE custody and placed in removal proceedings. The student
recently married his fiancée and will apply to adjust status through her.16
B. In 41 cases, the LLEA never pursued charges against the individual for any criminal offense or
violation.
In 41 cases, the LLEA either questioned individuals for no apparent reason, other than to ascertain their
immigration status, or never pursued the charges that were the basis of the arrest.
11 Most of the individuals in this report are barred from obtaining a driver’s license because of their immigration status. Only two states—Washington and
New Mexico, issue driver’s licenses to individuals without checking immigration status, while Utah offers individuals who cannot prove lawful immigration
status a “driving privilege” card.
12 See case 9.
13 See case 51.
14 See cases 1, 42, 44, 45, 72, 73, 85, 86, 87, 96, 100, 104, 114, 116, 121 and 124. Five additional cases involved arrests for no stated reason other than an
individual’s inability to produce identification while in public. See cases 6, 75, 80, 91 and 111.
15 See case 86.
16 See case 87.

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In 13 of those 41 cases, police questioned and then transported individuals to local jails solely because
they could not prove legal immigration status.17 No reason was given for their arrest and no charges were
ever filed against them. These cases include passengers in cars driven by licensed drivers, a person walking
down the street, someone stopped on the roadside fixing a flat tire, and even victims of traffic accidents. By
responding indiscriminately to referrals from LLEAs, ICE and CBP implicitly encourage police to act as
de facto immigration agents, usually at the cost of LLEAs’ own law enforcement priorities.
Moreover, these individuals were jailed by the police even though there was no criminal basis for their
detention. In at least two of these cases, ICE issued detainers in direct violation of ICE detainer policy,
which requires that a person be arrested for a criminal offense before a detainer is issued.18
In June 2010, a man was leaving a convenience store in Texas when he was stopped by a sheriff ’s
deputy and asked for identification. Since he could not produce any, he was arrested. Although he
was not charged with any crime, he was taken to the sheriff ’s office and held until CBP picked him
up. Later, he accepted voluntary departure.19
In Summer 2010, a 60-year-old woman was the passenger in a car driven by her daughter, a lawful
permanent resident. The car was pulled over by police in Michigan. Even though she was just
a passenger, the police officer asked the woman for identification, and she produced an expired
identification card. When asked why she had not renewed it, she explained that she did not have
a green card yet. The officer took her into custody and ICE issued a detainer. No criminal charges
were filed against her. She was held on the detainer for three or four days until she was transferred
to immigration detention.20
In seven of the 41 cases, police held individuals they had stopped at the roadside or another public space
while they waited for ICE or CBP to pick them up. In four of these cases, no reason was given for why the
police questioned the individuals, 21 while in two cases the individuals were stopped for a violation—making
a right turn on red and an expired registration tag.22 These charges were not pursued. In an additional case,
the police officer transported individuals directly to an ICE processing center.23
In June 2011, a car was pulled over in Pennsylvania for violating the regulation on tinted windows.
The four passengers in the car were also asked for identification. When they could not produce any,
the state police called ICE from the roadside and then brought the men to a local jail where they
were held until ICE took them into custody. None of the men were ever charged with an offense.24
In December 2009, a man was driving a van in Florida when he noticed a police officer following
him. He pulled into a parking lot, and the officer followed him and then pulled up to the van. The
officer gave no reason for the stop, and all of the van’s tags and insurance were up to date. When
asked for a license, the man presented an expired driver’s license. The police officer did not charge
17 See cases 6, 49, 50, 52, 80, 82, 88, 91, 92, 98, 110, 111 and 122.
18 ICE’s August 2, 2010 detainer policy states: “Immigration officers shall issue detainers only after an LEA has exercised its independent authority to arrest
the alien for a criminal violation.” Immigration and Customs Enforcement, Interim Policy Number 10074.1: Detainers, August 2, 2010.
19 See case 111.
20 See case 50.
21 See cases 2, 20, 21, and 23.
22 See case 4 and 19.
23 See case 126.
24 See case 98.

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him with anything or give him a ticket. Instead the officer detained the man in the parking lot,
called ICE and waited until ICE arrived. The man was held in immigration detention for ten
months and is still in removal proceedings.25
In April 2011, a man was a passenger in a car that was pulled over in Florida for no apparent
reason. The driver of the car had a license, so he was allowed to leave. He was never given a ticket.
However, since the passenger had no proof of status, the officer held him at the roadside until ICE
arrived to take him into custody. He was held in immigration detention for about three months,
until he accepted voluntary departure.26
In 21 of those cases, the local police and prosecutors did not pursue the charges that were the original basis
for the arrest.27 In some instances, it appears that the primary or sole reason for the arrests was to screen
for immigration status. In four cases, the person had actually been arrested in error—yet ICE still placed
them in removal proceedings.28
A man and his family were moving from Oregon to Michigan in March 2011. In Michigan, they
were pulled over. The man, who was driving, recently had his wallet stolen. When the officer asked
for his license, he could only provide a photocopy. He was arrested for driving without a license.
The charge was later dropped because he had a valid license; however, ICE had already been
contacted. He was taken into ICE custody and is currently in removal proceedings. The man has
three U.S. citizen children and is applying for cancellation of removal.29
In May 2009, a man was driving with his wife and young son, both U.S. citizens, when the car was
pulled over in Maryland. The police officer claimed that the man was not wearing a seatbelt; the
man states that he had been wearing a seatbelt. The officer arrested him but the charge was not
pursued. Instead, the man was taken into ICE custody and eventually removed. His wife is having
trouble making ends meet because her husband is no longer in the country to help support the
family.30
C. In 87 cases, the individuals had no previous criminal history.
In 87 cases, AILA members reported that the individual referred to ICE or CBP had no criminal history.
Combined, these cases belie the DHS assumption that individuals arrested or identified by LLEAs naturally
fall within their enforcement priorities and raise serious questions about DHS and its component agencies’
reliance on LLEAs to enforce immigration laws.
For those with some criminal history, the past convictions were primarily for traffic offenses and nonviolent misdemeanors, but also included driving under the influence, theft, battery, domestic abuse, drug
possession, and assault with a firearm.31
	
25 See case 27.
26 See case 23.
27 See cases 1, 12, 27, 37, 40, 46, 69, 72, 73, 78, 93, 97, 99, 104, 105, 108, 109, 118, 119, 123, 124 and 127.
28 See cases 78, 118, 119 and 127.
29 See case 46.
30 See case 27.
31 In 23 cases, the individual had convictions for minor offenses, such as traffic offenses or non-violent misdemeanors (excluding driving under the influence
(DUI)). In 14 other cases, the individual had been convicted of a more serious charge such as DUI, theft, battery, domestic abuse, or assault with a firearm, but
in several of these cases the convictions were more than a decade old or were for a juvenile offense.

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III. Evidence of Racial Profiling Was Present in Many Referrals from LLEAs.

	
Publicly, DHS has stated that racial profiling should play no role in immigration enforcement. Secretary
Napolitano has referred to racial profiling as “illegal” and “repugnant to the law.”32 ICE’s written policy states
that “[r]acial profiling is simply not something that will be tolerated.”33 Despite these pronouncements,
ICE and CBP initiated removal proceedings in cases where there was strong evidence suggesting the
presence of racial profiling by LLEAs. By pursuing these kinds of cases, ICE and CBP signal tacit approval
of the discriminatory and questionable practices that brought the individuals to DHS attention. DHS
must send a clear and strong signal—one that goes beyond policy pronouncements—that racial profiling
and other civil rights abuses by police will not be tolerated. Towards that end, DHS must stop accepting
cases referred from jurisdictions under investigation by the Department of Justice for racial profiling.34
DHS must also proactively review its programs and practices to identify those that might inadvertently
lead to racial profiling and put in place safeguards to protect against this potential.
A. In four cases, individuals were stopped by police officers who made express comments indicating
they were targeted for their race or ethnicity.
In four cases, individuals reported law enforcement officers made specific comments during the initial
encounter indicating that the stop or arrest was based on the individual’s race or ethnicity.35
In April 2011, a young woman was sitting in a parked car outside a convenience store in North
Carolina when a police officer approached her. The officer asked her for her name. Initially, she gave
the officer her nickname but when she realized that the officer was serious about questioning her,
she handed over her bag and passport. The police officer removed her from the car and handcuffed
her, accusing her of lying by giving a nickname. The officer then said, “You fucking Mexicans are all
alike.” The woman and the officer got into a heated argument, and she was charged with identity
theft, making a false report to a police officer, and resisting arrest. After posting bail, she was
transferred into ICE custody. The young woman has lived in the U.S. since she was two years old,
graduated from high school, and volunteers in her community.36
In September 2009, a woman had just dropped her daughter off at school in California when she
was pulled over for making an unlawful right turn. Before she could say anything, the police officer
said, “I know you’re illegal,” and repeatedly questioned her about her immigration status. An officer
called ICE and held her until ICE came to the roadside to pick her up. She is currently applying
for cancellation of removal.37

32 Testimony of Secretary Napolitano before the Senate Commerce, Science and Transportation Committee, “Transportation Security Challenges Post-9/11,”
December 2, 2009, http://www.dhs.gov/ynews/testimony/testimony_1259938923345.shtm; March 9, 2011, Testimony of Secretary Janet Napolitano, supra
footnote 1(explaining that DHS provides training for local LEAs on how to identify terrorist activity “while avoiding illegal and ineffective profiling based on
race, color, national origin, or religion”).
33 An ICE fact sheet on 287(g) agreements states that “[r]acial profiling is simply not something that will be tolerated.” Updated Facts on ICE’s 287(g)
Program, http://www.ice.gov/news/library/factsheets/287g-reform.htm.
34 For example, ICE continues to take civil immigration enforcement action against individuals referred from Maricopa County, AZ, even though it is being
investigated by DOJ for racial profiling. Maricopa County has both a 287(g) program and Secure Communities. In the last eight months, ICE arrested or
booked into custody over 12,000 individuals referred by the county. See http://www.ice.gov/doclib/foia/sc-stats/nationwide_interoperability_stats-fy2010.pdf,
http://www.ice.gov/doclib/foia/sc-stats/nationwide_interoperability_stats-fy2010.pdf.
35 See cases 4, 42, 71, and 83.
36 See case 71.
37 See case 4.

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The explicit comments by the law enforcement officers as well as the trivial nature of the violation or lack
of violation are powerful indications that the individuals were targeted based on their race or ethnicity for
the purpose of enforcing immigration law.
B. In 61 cases, there is evidence that the primary reason for the stop may have been to assess
immigration status.
Though explicit evidence of racial profiling was not present, the facts in 61 of the cases suggest that the
prime motivation for the stop may have been to assess the person’s immigration status. These include
arrests on fabricated charges, individuals stopped for very minor crimes or violations, and individuals
stopped or questioned without cause and then held for ICE or CBP.
1. Disputed Facts and Fabricated Charges: In 14 cases, police officers alleged that the individual had
committed a criminal offense. However, evidence in the cases contradicts the officers’ accounts or the facts
of the case were in dispute.38 For example, individuals were accused of rolling through a stop sign at an
intersection where no stop sign exists or driving while intoxicated when testing showed a 0.0 blood/breath
alcohol level. In one case, a man was arrested for an act that is not even against the law:
In May 2011, a man was burning leaves on his property in New Mexico when a sheriff ’s deputy
approached him. The man explained that city officials had told him he did not need a permit to
burn leaves in his yard. The deputy then asked him twice for his social security number and the man
explained that he did not have one. The sheriff wrote a citation for burning leaves. Two hours later,
plainclothes ICE agents arrived at his house and took him into custody. He was removed later the
same day. He had lived in the U.S. for over 15 years.39
In November 2009, a man was pulled over by a police officer in Pennsylvania who claimed that the
car’s brake lights were not working. The man was arrested but never charged with a crime, and was
transferred to ICE custody. After retrieving the vehicle the next day, the car’s owner checked the
brake lights and signed an affidavit stating that they were working.40
In June 2011, a man was pulled over in Texas. The sheriff ’s deputy immediately asked him for his
passport. When the man asked why he had been pulled over, the deputy said it was because his
lights were not on, even though it was already light out. The deputy wrote a ticket, recording the
time 6:45am, even though the time of the stop was actually 7:15am. The officer held the man at
the roadside until CBP officers came to pick him up. He is now in removal proceedings. The man’s
wife is a U.S. citizen, and he has lived in the U.S. for 15 years.41
2. Trivial Stops: In 23 cases, the basis given by the police for the initial stop was so trivial or flimsy as
to suggest that the real reason for the stop was to assess immigration status. In many of these cases, the
individual was ultimately charged with only minor offenses, such as having a broken light or driving
without a license, while in other cases, no charges were pursued at all.42
38 See cases 12, 30, 40, 44, 81, 85, 91, 92, 93, 99, 108, 113, 118, and 126.
39 See case 85.
40 See case 93.
41 See case 113.
42 See cases 4, 9, 11, 13, 14, 15, 16, 17, 18, 19, 34, 35, 43, 51, 54, 55, 64, 76, 90, 100, 102, 103 and 109.

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In January 2011, a man in California pulled up to a 3-way intersection. A police car was also stopped at
the intersection facing him. When the cars passed, the officer looked at the man, then made a U-turn
and followed him for several minutes. The officer pulled him over stating that there was a problem
with his brake lights. He was arrested for driving without a license and transferred to ICE custody.43
In November 2010, a man was pulled over in Georgia for violating the state tinted windows
regulation. He was arrested for driving without a license and expired tags, and was referred to ICE.
He is a longtime resident of the United States, has been married for 10 years to a US citizen who
has disabilities and, at the time of his arrest, had temporary custody of his grandchild, who has
special needs. He is currently in removal proceedings.44
3. People stopped or questioned for unknown reasons and never charged with any offense: In 24 cases, individuals were
stopped or questioned for no apparent reason.45 Although in nine of the cases the police later discovered that the
person may have committed a violation, such as driving without a license, there appeared to be no basis for the
initial stop.46 Eight of the cases involved individuals who were merely passengers in cars; in a few of these, the
driver was a lawful permanent resident or U.S. citizen relative of the passenger.47 Although the drivers may have
committed moving violations, the police also questioned these passengers about their immigration status. Despite
the questionable nature of the stops, ICE took custody of the individuals and initiated removal proceedings.
In January 2009, a man in New Mexico pulled into a store parking lot, saw that it was closed,
and backed out. A sheriff ’s deputy pulled him over and asked for identification and proof of
insurance, which he provided. The deputy ran the man’s information and discovered that he had
been previously deported. The deputy arrested him solely because of his immigration status; there is
no reason for the stop listed in the criminal database. The sheriff then called ICE from the roadside
and again later at the jail to say that he was holding someone for them. The man was held for a day
in jail on a “courtesy hold” and three additional days on a detainer from ICE.48
A husband and wife were driving in Pennsylvania in 2006 when they were pulled over. The husband,
who has a driver’s license, was driving. Both were arrested and taken to the local police station and
held there for several hours. Although the police report states that the stop was for a traffic infraction,
they were never issued a ticket or told why they were being arrested. Prior to transferring them to
ICE custody, the police took “bail” from them in the amount of cash they happened to have on them.
At the time of the arrest, both had lived in the U.S. for 15 years. They have a U.S. citizen child.49
By responding to roadside calls and placing detainers without any review of how the individual came
into police custody, DHS and its component agencies become unwitting accomplices to questionable
police practices. Regardless of whether these cases involve a single rogue officer or a practice condoned
by the LLEA, these examples, and the thousands of cases that they represent, should be of grave concern
to DHS. Taken together, these cases strongly suggest that DHS programs and practices encourage those
police officers who would choose to engage in questionable police practices to do so. DHS must make
programmatic changes to ensure that its programs do not have such an effect.
43 See case 11.
44 See case 35.
45 See cases 2, 6, 20, 21, 22, 23, 27, 38, 49, 50, 52, 69, 80, 82, 83, 84, 88, 98, 105, 107, 110, 111, 112 and 122.
46 See cases 22, 27, 38, 69, 83, 84, 105, 107 and 112
47 See cases 2, 21, 23, 49, 50, 88, 110 and 122.
48 See case 84.
49 See case 99.

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IV. DHS Initiated and Pursued Enforcement Action
Against Many Who Had Compelling Equities.
On June 17, 2011, ICE Director John Morton issued a new memorandum intended to provide broad,
comprehensive guidance to all ICE agents, prosecutors, and senior management regarding the exercise of
prosecutorial discretion. In particular, the memorandum outlined factors that should prompt “particular
care and consideration” when ICE agents and other personnel determine how to proceed in a case and
whether to exercise prosecutorial discretion.50
At least 89 of the cases reported here deserve close consideration for the favorable exercise of discretion
pursuant to the June 17 memorandum. Indeed, many of the individuals have resided in the U.S. for a decade
or more and some came to the U.S. as children. A significant number of the cases involve individuals with
U.S. citizen spouses and children, some who have serious medical conditions such as cancer, congenital
heart conditions, or physical disabilities. Several are elderly or were victims of crimes. Finally, these cases
include people who have made considerable contributions to their communities.
	
In a few of the cases, DHS has exercised discretion in favor of the individual. However, in many of the
cases, it is apparent ICE and CBP did not screen the case to determine whether equities were present
and whether the exercise of discretion was warranted. This was especially evident where ICE or CBP
responded immediately to a roadside call. DHS devotes substantial resources in pursuing any enforcement
action, which may also include the use of detention and immigration court resources. DHS needs to ensure
that all ICE and CBP agents and other personnel review cases thoroughly before initiating and pursuing
enforcement actions. Otherwise, DHS will continue to expend resources on individuals for whom the
favorable exercise of discretion may be warranted.
A. In 79 cases, ICE or CBP initiated enforcement actions against an individual who had a U.S.
citizen or lawful permanent resident family member.
Of the survey responses, 79 cases involved people who had either a U.S. citizen or lawful permanent
resident family member.51 In 56 of those cases, the individuals had U.S. citizen children, most of them
under the age of 13.52
In April 2011, a man in Florida was driving to the pharmacy with his 10 and 12-year-old children
when he was pulled over. All three of his children, who are U.S. citizens, have asthma, and he was going
to pick up medicine for them. The officer never stated why the man had been stopped. The officer asked
for his license, but when the man admitted that he did not have one, the officer called ICE. He was
held at the roadside until ICE came to pick him up. The man asked if he could wait with his children
until his brother-in-law arrived to take them; his request was denied and he was immediately taken
away by ICE. He was ticketed for driving without a license and remains in immigration detention. The
man has lived in the U.S. for more than 10 years and is applying for cancellation of removal.53

50 See June 17, 2011, ICE Memorandum, John Morton, supra footnote 8.
51 See cases 2, 3, 4, 5, 8, 10, 12, 13, 14, 18, 19, 20, 22, 24, 25, 26, 27, 28, 29, 33, 34, 35, 36, 38, 39, 40, 41, 42, 43, 44, 46, 48, 49, 50, 51, 52, 53, 56, 57, 59, 60, 62,
64, 67, 69, 70, 71, 74, 75, 79, 82, 83, 87, 88, 89, 92, 93, 94, 95, 96, 97, 99, 100, 102, 105, 107, 108, 110, 113, 115, 116, 117, 118, 119, 120, 122, 124, 125 and 127.
52 See cases 2, 3, 4, 5, 8, 14, 18, 20, 22, 24, 25, 26, 27, 28, 29, 33, 34, 36, 39, 40, 42, 44, 46, 51, 56, 57, 59, 60, 64, 67, 69, 70, 75, 79, 82, 83, 92, 95, 96, 96, 97, 99,
100, 102, 105, 107, 110, 115, 116, 117, 119, 122, 124, 125 and 127.
53 See case 22.

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In 2010, a man in Florida was a passenger in a car driven by his wife, a U.S. citizen, when the car
was pulled over. The wife was given a ticket for driving without a license. The wife went to traffic
court to challenge the ticket because she had a valid driver’s license. The man accompanied her to
court. Even though the wife was a U.S. citizen, she was not fluent in English because she had spent
many years outside the U.S. However, plainclothes ICE agents were at the courthouse arresting
people who needed an interpreter, and they arrested both the man and his wife. He has been placed
in removal proceedings and has no relief other than voluntary departure. He was the sole source
of support for his wife and two U.S. citizen children. He also helped support his wife’s U.S. citizen
sister and her two children.54
In April 2011, a young man in Michigan was driving his disabled parents, both lawful permanent
residents, to a doctor’s appointment when he was pulled over for a minor traffic offense. He was
charged and convicted of driving without a license and placed in removal proceedings. He is 20
years old and has been in the U.S. since the age of six.55
B. At least 36 cases involved longtime residents and individuals who made contributions to their
communities.
At least 36 cases involve individuals who were longtime residents of the U.S., most for ten or more years.56
Some cases involved students, brought to the U.S. as children, who have graduated from high school;
several are pursuing higher education.57 Others are longtime residents who have made contributions to
their communities by volunteering, working at churches, or providing employment.58
In 2010, a 19-year-old man was involved in a minor car accident in Texas. When the police arrived,
an officer asked to see his license. Since he did not have one, he was arrested for driving without a
license. At the jail, the police contacted ICE. Three days later, he was transferred to ICE custody
and held in immigration detention for several weeks. He is currently in removal proceedings. The
man has lived in the U.S. since 2001 and graduated from high school here.59
In December 2010, the owner of a garment factory was stopped in New York for having a broken
headlight and was arrested for driving without a license. His license had been suspended due to
an unpaid traffic ticket that he had not known about. He had a prior removal order from ten years
ago, but no criminal history. After being taken into immigration custody, he was forced to close his
factory in New York and lay off his employees.60
C. In at least 21 cases the individuals referred to ICE or CBP are applying for asylum or other
immigration relief.
In 17 cases, individuals are seeking asylum or non-LPR cancellation of removal or have filed for adjustment
of status based on a family petition.61
54 See case 26.
55 See case 48.
56 See cases 6, 9, 22, 23, 24, 25, 27, 28, 29, 35, 39, 48, 70, 71, 74, 75, 78, 80, 82, 83, 85, 90, 99, 102, 103, 104, 105, 106, 107, 113, 115, 116, 117, 124 and 127
57 See cases 6, 9, 62, 87, 103, 104, 106, 108 and 112
58 See cases 27, 71, 90, 105 and 108.
59 See case 106.
60 See case 90.
61 See cases 4, 22, 24, 38, 41, 46, 49, 51, 79, 87, 88, 92, 95, 96, 107, 113 and 124.

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In March 2011, a husband and wife were passengers in a car that was stopped for speeding in New
Mexico. The driver was a lawful permanent resident, but the officer asked for identification cards
from the couple as well. The officer called ICE from the roadside and the couple was taken into
ICE custody. The man and woman, both in their twenties, have been living in the U.S. for over ten
years. They have no criminal history. The husband remains in detention, while the wife was released
to take care of their 6-month-old U.S. citizen son. Both are seeking cancellation of removal.62
In four cases, the individuals were victims or witnesses to crime and may be eligible for a U visa.63
A 19-year-old man from California was sitting in a park with his friends when a police officer
approached him and asked for identification. The officer did not question his friends. When
the man said that he didn’t have identification on him because he didn’t drive, the officer arrested
him, took him to the station, and called ICE. He was detained for over two months in Arizona,
making it difficult for his family to reach him. The man has lived in the U.S. since the age of four
and graduated from high school. He was a victim of a robbery at gun point and is applying for a
U visa.64

V. State and Local Involvement in Immigration Enforcement
Undermines Immigrant Communities’ Trust in Local
Law Enforcement and Community Safety.

	
DHS programs and practices are increasingly blurring the line between civil immigration enforcement and
criminal law enforcement. The cases in this report illustrate how any contact someone has with police—no
matter how innocent or insignificant—can lead to deportation. ICE and CBP have initiated immigration
proceedings against people arrested because of a police administrative error, people stopped for no reason
at all, passengers in cars, and victims of traffic accidents.
In September 2007, a man called the police after being the victim of a hit and run car accident in
New Mexico. The sheriff ’s deputy who responded to the call repeatedly asked the man if he was
“illegal.” When he finally admitted to being in the country unlawfully, deputy arrested him. He
was held until ICE picked him up and was eventually deported to Mexico. His lawful permanent
resident wife and their U.S. citizen child moved to Mexico as well.65
In Texas in March 2011, a man was side-swiped by another driver who was making a turn. However,
when the police arrived 15 minutes later and discovered that he did not have a license, they accused
him of being at fault and questioned him about his immigration status. The other driver was let
go, but he was arrested for driving without a license. ICE was contacted and he is now in removal
proceedings. He is a longtime resident of the U.S., graduated from high school in the U.S., and is
a leader in his church’s youth group.66

62 See case 82.
63 See cases 6, 8, 57 and 78. In another case, a man had been the victim of a violent crime in Maricopa County, Arizona. Although he assisted in the
investigation of the crime, the sheriff ’s office in Maricopa has a blanket policy against completing a law enforcement certification for a U visa. See case 29.
64 See case 6.
65 See case 83.
66 See case 108.

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Fear of the police has made immigrants less willing to report crimes, serve as witnesses, or receive assistance
as victims. Increased local police involvement in immigration enforcement may also cause immigrants to
avoid other local government authorities, creating a chilling effect that drives people to live in the shadows.
A Florida AILA member states: “People are afraid to go to court because they believe that immigration
will be there to pick people up or that the judge will send people to immigration authorities.  People then
miss court dates, which leads to warrants being issued for their arrest, and then people are deported as a
result of those arrests.” In three cases in this report, ICE detained people at state and local courts; in one,
a man was simply accompanying his U.S. citizen wife to traffic court for moral support.67 Another AILA
attorney from Florida reported that people in one county were afraid to go to the police station even to
pick up personal property because they were asked to provide their birth certificates.
In April 2011, a man was pulled over in New Hampshire after making an illegal U-turn and was
cited for driving without a license and the illegal turn. The man had a driver’s license but did not
have it with him when he was stopped. The man went to court to show that he had a valid license.
As he exited the courthouse, he was met by ICE agents who took him into custody. He was held in
immigration detention for a month before he was released on bond. His wife is a U.S. citizen, and
he has lived in the United States for more than nine years. He is currently in removal proceedings.68
In February 2011, Safe Horizons, a prominent assistance agency for victims of domestic violence in New
York began advising its clients not to contact police out of concern that Secure Communities may place
them at risk of deportation.69
In December 2009, a woman in Maryland called the police for protection from her partner. While
the police were in her home, they saw her neighbor give her $10 in quarters and, separately, that
she had several $2 phone cards on a table. The officers never asked her about the phone cards, but
they later filed charges alleging that she was illegally selling phone cards.  She never received the
notice about the charges, and a bench warrant was issued.  When she found out about the warrant,
she went to the police station. She was served with an arrest warrant, arrested, and her fingerprints
were taken. Her fingerprints were shared with ICE through Secure Communities, and she was
taken into ICE custody, held for several days, and then released on an ankle monitor. She has a
two-year-old U.S. citizen child.70
The impact of this fear reaches far beyond immigrant communities. Most significantly, it reduces the ability
of the police to investigate crimes and protect our communities. Prominent leaders in law enforcement have
expressed serious concern that immigrant communities now view the police as enforcers of immigration
law, resulting in a loss of trust that hinders community policing efforts.71 In June 2011, Salt Lake City
Police Chief Chris Burbank said:
67 See cases 7, 26 and 74.
68 See case 74.
69 See Safe Horizon website: http://www.safehorizon.org/index/pressroom-5/safe-horizon-in-the-news-28/news/homeland-security-laws-create-dangerfor-victims-of-domestic-violence-52.html.
70 See case 44. 	
71 Los Angeles Police Chief Charlie Beck: “There is a “crisis of confidence” in Secure Communities and the program can be a “detriment when it causes the
vast majority of the immigrant population, who are here as non-violent, non-crime-committing individuals, to lose trust in police.” http://asmdc.org/members/
a13/news-room/press-releases/item/2933-ca-leaders-applaud-ny-gov-cuomo-for-suspending-participation-in-failed-secure-communities-program. Former
Houston Police Chief Harold Hurtt, ICE Director of the Office of State and Local Coordination: “Immigration enforcement by local police is counterproductive
to community policing efforts. It undermines the trust and cooperation of immigrant communities, could lead to charges of racial profiling, and increases our
response time to urgent calls for service.” http://www.chron.com/disp/story.mpl/special/immigration/6434287.html.

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The Secure Communities program combined with misguided state legislation has promoted a
shift in local law enforcement’s mission across the country and driven a wedge between the police
and the public. The resulting priority adjustment places emphasis up on civil immigration action
over community policing and all criminal enforcement. . . We in law enforcement must safeguard
community trust. Without the support and participation of the neighborhoods in which we serve,
we cannot provide adequate public safety and maintain the well-being of our nation. . .72

	
DHS has the responsibility to ensure that its immigration enforcement initiatives promote overall
public safety and security and do not get in the way of LLEAs efforts. Right now DHS is failing in that
responsibility.

IV. Conclusion
This report highlights the pitfalls of federal and local collaboration in the enforcement of immigration law.
At a minimum, such collaboration distracts both federal and local agencies from their primary missions.
In the vast majority of cases documented in this report, DHS pursued cases against people who were lowpriority and posed no public safety or national security threat. Nearly every one of the individuals in these
cases were arrested by ICE or CBP and placed in proceedings or deported, resulting in serious hardship
to themselves and their families.  Most had lived in the U.S. for years and had U.S. citizen or LPR family
members.
 
It is essential that DHS and its component agencies, ICE and CBP, implement far better policies and
systems to screen cases  referred from  LLEAs  before taking enforcement action. In June, ICE issued a
new memorandum on prosecutorial discretion. ICE is also reviewing how it will address referrals that
come through Secure Communities where the individuals in question have only been charged with minor
offenses. These are important steps, but DHS must comprehensively review all the ways in which ICE and
CBP collaborate with police in the enforcement of civil immigration laws and be willing to make substantive
changes to its policies and practices. DHS cannot afford to ignore this difficult issue as it continues to
impact the tens of thousands of individuals detained, placed in proceedings, or removed every year, as well
as the safety and security of communities throughout the United States.

72 Statement issued by Salt Lake City Police Chief Chris Burbank, “Chief Burbank Applauds Governor Cuomo’s Actions,” June 11, 2011, http://www.docstoc.
com/docs/80774106/Chief-Burband-Applauds-Governor-Cuomos-Actions.

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APPENDIX A—SELECTED CASE SUMMARIES

Case A (Chart #4)

In September 2009, Ms. A had just dropped her daughter
off at school in California when she was pulled over for
making a right turn on a red light. Right turns on red
were prohibited during certain hours, and the restriction
had been in effect for 30 minutes when she was stopped.
When the police officer saw Ms. A, he told her, “I know
you are illegal” and questioned her about her immigration
status. Although she did not admit to being out of status,
the police officer contacted ICE and detained her at the
roadside until an ICE officer could pick her up. She was
issued a Notice to Appear (NTA) and released so that
she could pick up her daughter, who is a U.S. citizen with
learning disabilities, from school.
Ms. A, who is from Mexico, was not charged or convicted
of any crime and she has no criminal history. She is
currently in removal proceedings. She is applying for
asylum and cancellation of removal.

Case B (Chart #22)

In April 2011 in Florida, Mr. B was driving to the
pharmacy to pick up asthma medication for his children
when he was pulled over by the police. Two of his children,
ages ten and 12, were in the car. The police officer gave no
reason for the stop and ticketed Mr. B for driving without a
license. The officer then called ICE from the roadside, and
ICE agents came to pick up Mr. B. He asked to be allowed
to stay at the car until his brother-in-law arrived to pick up
the children, but ICE agents immediately took him into
custody. The two children had to wait in the police car at the
roadside for 35 minutes until the brother-in-law arrived.
Mr. B has no criminal history apart from one prior
conviction for driving without a license. Mr. B, a Mexican
national, remains in immigration detention although he
has three U.S. citizen children, ages three, ten, and 12, and
his wife is unable to drive due to a major operation several
years ago. He has lived in the U.S. for over ten years. He is
in removal proceedings and is applying for cancellation of
removal.

Case C (Chart #52)

In July 2009, Mr. C, a Mexican national, and a friend were
on the side of the road fixing a flat tire in Minnesota. A
police officer, who was traveling in the opposite direction,

turned around and approached the car. The officer ran the
car’s license plate and asked for Mr. C’s documents. The
police report confirms that there were no criminal charges
against either man.  The officer then called CBP from the
roadside.
Mr. C was taken by state police to a local jail, where he
was held on a detainer.  He was taken into immigration
custody and released on bond shortly thereafter. Mr. C has
no criminal history. He has a brother who is a U.S. citizen.
Currently, Mr. C is in removal proceedings.

Case D (Chart #26)

Mr. D is a Salvadoran national married to a U.S. citizen.
In 2010, Mr. D’s wife received a ticket for driving without
a license in Florida, but she challenged the ticket in court
because she did have a driver’s license, although she did
not have it with her at the time of the traffic stop. Mr. D’s
wife required an interpreter at court because, although she
was born in the U.S., she resided in El Salvador for most
of her life. Mr. D accompanied his wife to court for moral
support. When the court began to call cases requiring
interpreters, plainclothes ICE agents entered the court and
arrested everyone needing an interpreter.
Mr. D and his wife were both detained by ICE. Mr. D’s
wife was released after two hours when ICE determined
that she was a U.S. citizen. Mr. D remained in custody until
he was released on bond. Since he had no available relief,
Mr. D accepted voluntary departure and returned to El
Salvador. Mr. D was the sole source of support for his wife
and two U.S. citizen children. He also supported his wife’s
U.S. citizen sister and her two U.S. citizen children.

Case E (Chart #49)

Mr. E is a 72-year-old man from Albania. He was a
passenger in his son’s van in Michigan when the police
stopped the van because the turn signal was not working.
Even though he was only a passenger, Mr. E was asked
for identification. When he could not produce any, he was
taken to the police station. No charges were filed against
Mr. E or his son, who is a lawful permanent resident.
The police notified ICE, and Mr. E was transferred
immediately into ICE custody.
Mr. E was detained for a month before being released
on bond. He has filed an application for asylum and
withholding of removal. Mr. E has no criminal history.

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APPENDIX A—SELECTED CASE SUMMARIES

Case F (Chart #95)

In the summer of 2010, Mr. F, a Mexican national, was
at his home in Pennsylvania when police officers came to
tell him that he had an unpaid parking ticket. Mr. F was
unaware of the ticket but was willing to pay it; however,
the officers arrested him and took him away in handcuffs
in front of his six-year-old daughter. He was charged a fine
for the parking ticket, which he paid. ICE issued a detainer
and Mr. F was placed in immigration detention for about
two weeks until he was released on bond.
Mr. F has no criminal history. He has two children who are
U.S. citizens, including a daughter with a congenital heart
problem. Mr. F is currently in removal proceedings.

Case G (Chart #8)

In January 2010, Ms. G, who is from Guatemala, was
pulled over by a police officer after making an unlawful
turn. A police officer then ticketed her for driving without
a license. In the California city where this stop occurred,
the police department has a policy that individuals found
to be unlicensed drivers should be ticketed, but not
arrested. However, in this case the officer arrested Ms. G
and told her that she needed to provide identification. Ms.
G called her family from jail and asked them to bring in
her passport, but her family was not allowed to see her nor
present the passport to secure her release from jail. Instead,
ICE was contacted and issued a detainer that afternoon.
She was then transferred to ICE and released on bond
the same day. All charges related to the traffic stop were
dropped.
Ms. G has no criminal history. She has two U.S. citizen
children, a two-year-old daughter and a ten-year-old son.
Ms. G has been approved for a U visa based on domestic
violence for an unrelated incident. She is currently in
removal proceedings.

Case H (Chart #88)

In late 2010, Ms. H was a passenger in a car whose driver,
a U.S. citizen, was pulled over in upstate New York for
speeding. The officer asked Ms. H for identification, and
then called ICE from the roadside, who determined that
Ms. H had overstayed her visa. The officer took Ms. H to
the police station, where she was held on an immigration
detainer until ICE came to pick her up. She was in
immigration detention until she could pay bond.

Ms. H, who is from the Philippines, believes that she was
asked for identification and proof of status as a result of
racial profiling. She was not charged with or convicted of
any crime, and she has no criminal history. Her husband,
who is a U.S. citizen, has recently submitted an application
for her to adjust status, but she remains in removal
proceedings.

Case I (Chart #50)

Ms. I, a 60-year-old woman from the Bahamas, was a
passenger in the car when her daughter, a lawful permanent
resident, was pulled over in Michigan during the summer
of 2010. The police officer requested identification from
Ms. I even though she was a passenger. When Ms. I
showed an expired identification, the officer asked why
she had not had it renewed. Ms. I explained that it was
because she did not have a green card yet. The officer then
arrested Ms. I and brought her to the local police station.
ICE issued a detainer and took her into custody. She was
in immigration detention for several days, until she posted
bond. Ms. I was never charged with or convicted of any
crime.
Ms. I has no criminal history. She has several children who
are lawful permanent residents of the U.S., and one of them
is in the process of becoming a citizen. She is currently in
removal proceedings.

Case J (Chart #78)

In November 2010, Mr. J, a 19-year-old longtime resident
of New Jersey, was pulled over by local police. He was
driving his uncle’s car, which had been stolen two months
previously. The car had been recovered by the police in a
neighboring city and returned to Mr. J’s uncle; however, the
police department had not updated their records regarding
the car, so Mr. J was taken to the police station based on the
suspicion that he had stolen it.
At the station, the police officers quickly learned that he
had not stolen his uncle’s car. He was not charged with
any crime. However the police questioned Mr. J about his
immigration status and called ICE, which placed a detainer
on him. Later that day, he was moved to a detention center
for criminal aliens, despite never having been charged
with or convicted of any crime. He was held in solitary
confinement there for two weeks.

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Mr. J, who is originally from Uruguay, is currently in
removal proceedings. He is also in the process of applying
for a U visa because he was the victim of an assault in an
unrelated incident.

Case K (Chart #72)

Mr. K, a longtime resident of the United States, is 18 years
old and originally from Venezuela. In the summer of 2010,
Mr. K was walking on the campus of the University of
North Carolina at Chapel Hill at 2 a.m. when a campus
police officer approached him. The officer asked Mr. K
for his name and why he was there. Mr. K did not believe
that he was doing anything wrong, so he refused to tell
the officer his name. Mr. K was arrested for resisting and
obstructing and taken to the Orange County Sheriff ’s
office, where he was questioned about where he was born.
Mr. K’s criminal charges were immediately dismissed;
however, ICE had already issued a detainer. After Mr. K’s
immigration attorney intervened, the sheriff decided not to
honor the detainer. Mr. K was released from custody before
ICE came to pick him up. Mr. K has no criminal history. 

Case L (Chart #39)

Mr. L, who is originally from El Salvador, has lived in the
U.S. for over 30 years. In April 2011, he was driving in
Maryland when a police officer began to follow his car
and pulled him over several minutes later. Mr. L had not
committed any moving violation, but the officer said that
he ran the car through the police database and found that
the car’s owner had a suspended license. Mr. L was not the
owner of the car, but he also had a suspended license, and
so the officer arrested him and took him to the station.
There, the police contacted ICE, and ICE issued a detainer.
Mr. L was transferred to ICE custody and was held in
immigration detention for about ten days until he was
released on bond by an immigration judge.
Mr. L has no criminal history other than previous citations
for traffic offenses and unpaid parking tickets, and had no
prior contact with immigration officials. His wife and adult
children are all U.S. citizens. Mr. L is currently in removal
proceedings.

Case M (Chart #108)

Mr. M is a 24-year-old Mexican national. In March 2011,
Mr. M was driving in Texas when a car that was trying to
make a right-hand turn ran into the side of Mr. M’s car.
Police arrived at the scene of the accident 15 minutes later
and, without any investigation, one of the officers accused
Mr. M of being at fault. The officer asked Mr. M for his
driver’s license and questioned him about his immigration
status. Mr. M admitted to not having a driver’s license
and being out of status. The other driver was at fault in
the accident, but was let go; the officer arrested Mr. M for
driving without a license. ICE issued a detainer and several
days later took Mr. M into custody until he was released on
bond.
Mr. M has lived in the U.S. since he was a teenager; he
graduated from high school in the U.S. and he is an active
leader in the youth group of his church. He has no criminal
history and his father is a U.S. citizen. Mr. M is currently in
removal proceedings.

Case N (Chart #110)

In June 2010, Ms. N, a Mexican national, and her family
were visiting Eldorado, Texas, to go to a quinceañera
(15th birthday celebration). Her husband, who is a lawful
permanent resident, was driving the family’s car when a
sheriff ’s deputy pulled them over because the light on their
license plate was out. The deputy asked for a driver’s license
and proof of immigration status, both of which Ms. N’s
husband provided. The deputy then asked for identification
from everyone in the car and ordered everyone out of the
car, including Ms. N and their three children. When Ms.
N showed her valid Texas ID card, the deputy then asked
for proof of her immigration status. When she could not
provide it, the deputy arrested Ms. N without charging
her with any crime. Ms. N was held by the local sheriff for
three days over the weekend until CBP could pick her up.
CBP then released Ms. N on her own recognizance.
Ms. N has a ten-year-old U.S. citizen daughter who is
receiving mental health counseling as a result of seeing her
mother’s arrest. Ms. N has no criminal history and is a stayat-home mom who has never driven in the United States.
She is currently in removal proceedings.

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Case O (Chart #105)

In February 2008, Mr. O was driving a truck with several
other Latino men when he was pulled over near a worksite
in northern Texas. The officer gave no reason for the stop,
but asked if Mr. O had immigration papers. When Mr. O
said no, the officer called ICE and took him to jail. ICE
issued a detainer and came to pick up Mr. O from the jail.
He was held in immigration detention until released on
bond set by an immigration judge.
Mr. O has no criminal history. He is a Mexican national,
has lived in the U.S. for over ten years, and has three
U.S. citizen daughters. His daughters are honor students
and he is a leader in his church. During his hearing,
the immigration judge noted that Mr. O has excellent
character and that if given discretion, Mr. O would be
exactly the sort of person whom the judge would allow
to stay in the U.S., but that the law does not allow him to
make that decision. The case is currently on appeal to the
BIA.

Case P (Chart #40)

On Mother’s Day in 2009, Mr. P, who is from Brazil, was
driving with his wife and their young son in Maryland. A
police officer pulled him over for not wearing a seatbelt,
although Mr. P states that he was wearing a seatbelt at
the time. He was never charged with or convicted of any
violation. Nonetheless, an ICE detainer was issued. He
was held in ICE detention for two days and then was
immediately deported to Brazil.
Mr. P’s wife and son are both U.S. citizens. They are having
trouble making ends meet since Mr. P was deported and is
therefore no longer able to provide them with support.

Case Q (Chart #107)

In August 2010, Mr. Q was working as a janitor in Texas.
He was driving home after work at about 2 a.m., when
he was pulled over for no apparent reason. After he was
stopped, the officer requested Mr. Q’s driver’s license,
which he did not have. He was then arrested, and the local
police contacted ICE from the jail. ICE issued a detainer
and took custody of Mr. Q. He was held in immigration
detention for several weeks until an immigration judge set
bond. He was eventually charged and convicted of driving
without a license, and served three days in jail. He had no
previous convictions.

Mr. Q, a Guatemalan national, has lived in the United
States for 10 years and has a U.S. citizen daughter. He
is currently in removal proceedings and is applying for
cancellation of removal.

Case R (Chart #29)

Mr. R, a Mexican national, has lived in the U.S. since he
was 14 years old. In April 2010, Mr. R was driving home
at night in Florida. When he pulled into a parking lot, a
sheriff ’s deputy followed him. The deputy questioned Mr.
R, searched him, and then asked if he had a driver’s license.
When Mr. R said no, the deputy searched his car, without
asking for permission. The deputy arrested Mr. R, who was
eventually convicted of driving without a license. After the
arrest, Mr. R was transferred to ICE custody and detained
for more than six months.
Mr. R has one conviction for petty theft in 2001 and
several for driving without a license. He is a candidate for
a U visa because, prior to his arrest in Florida, Mr. R and
his girlfriend were the victims of a serious knife attack in
Maricopa County, Arizona; the attacker also raped Mr. R’s
girlfriend. However, even though Mr. R and his girlfriend
assisted in the investigation of that case, the sheriff ’s office
in Maricopa has refused to certify them for U visas. ICE
has also refused Mr. R’s request for deferred action. Mr.
R is the sole caregiver for his two U.S. citizen daughters,
and he also has a son who is a U.S. citizen. Mr. R has been
ordered removed, but his removal has been stayed while he
applies for U.S. passports for his daughters. He was released
from detention on an Order of Supervision.

Case S (Chart #87)

In early 2011, Mr. S, who is from Brazil, was having a drink
in a bar in upstate New York when a fight broke out. The
police were called and they arrested everyone who was in
the area where the fight took place. Like the other patrons,
Mr. S was given a ticket for disorderly conduct, though he
had not engaged in the fight nor had he been part of any
illegal activity. ICE was called from the police station and
issued a detainer. Mr. S was transferred to ICE custody and
placed in immigration detention until he could make bond.
He is now in removal proceedings.

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Mr. S has a pending application to adjust status that was
recently submitted by his wife, a U.S. citizen. At the time
of his arrest, Mr. S was attending college in New York and
had entered the country legally on a student visa, which he
had overstayed. His mother is a lawful permanent resident
of the United States.

Case T (Chart #71)

Ms. T, a 20-year-old Mexican national, has lived in the
U.S. since she was two years old. In April 2011, Ms. T
was sitting in a parked car outside of a convenience store
in Gaston County, North Carolina, when police officers
approached to question her. When an officer asked her
name, Ms. T was afraid, so she gave them a nickname. She
then gave them her bag and her valid passport. An officer
removed her from the car and handcuffed her for lying
because she had given the officers a nickname. The officer
said, “You fucking Mexicans are all alike.” Ms. T replied,
“You are a racist bitch.” The officer then smashed Ms. T’s
face into the ground. Ms. T was charged with resisting
arrest, identity theft, and making a false report to police.
Ms. T was taken to the sheriff ’s office and fingerprinted.
The sheriff ’s office then contacted the local ICE office.
Ms. T paid the state bond on her criminal charge, but ICE
issued a detainer and Ms. T was transferred to immigration
custody about 48 hours later. She was held in detention for
a few days until she could pay an immigration bond.
Ms. T has no criminal history. She has graduated from
high school and volunteers regularly in her community. She
is eligible to adjust her status under 245(i), but ICE has
denied a request to exercise prosecutorial discretion. Ms.
T is currently in removal proceedings. Her criminal case is
pending.

Case U (Chart #112)

In January 2010, Mr. U, who was under 18 at the time,
was pulled over while driving with several friends in Bell
County, Texas. The police officer did not give a reason for
pulling over the car, but Mr. U was arrested for driving
without a license. The police called ICE from the station,
and ICE issued a detainer. Mr. U was transferred to ICE
custody and held in detention until he was released on
bond.

Mr. U is a Mexican national who graduated from high
school in the U.S. He has no criminal history. He is
currently in removal proceedings.

Case V (Chart #74)

In April 2011, Mr. V, a Kenyan national who had failed to
depart or change status after completing his educational
program, was pulled over while driving in New Hampshire
after he made an illegal U-turn. The police officer cited
him for the illegal turn and for driving without a license.
Mr. V had a valid driver’s license that he had obtained
while he was in status, but he was not carrying it with
him at the time. At his court hearing for driving without a
license, his case was continued. When he left the hearing,
ICE arrested and detained him. He was in detention for a
month until he was released on bond.
		
Mr. V does not have any criminal history aside from minor
moving and car registration violations. He has lived in
the U.S. for nine years and recently married a U.S. citizen.
Several of his siblings are also citizens. Currently, he is in
removal proceedings.

Case W (Chart #23)

Mr. W, a Guatemalan national, has lived in the U.S. for 13
years. In April 2011, he was a passenger in his friend’s car
in Florida when the car was pulled over. The officer gave no
reason for the stop and asked for identification papers from
Mr. W and from the driver. The driver was let go because
he had papers, but Mr. W did not. The officer called ICE
and held Mr. W until ICE arrived to pick him up from the
roadside. Mr. W was taken into immigration detention and
bond was denied.
Mr. W has no criminal history. While in immigration
detention, Mr. W was assaulted and had to be taken to the
emergency room. Mr. W intended to apply for a U visa
based on the assault. However, the immigration judge gave
Mr. W insufficient time to gather the necessary proof – the
judge stated that he did not support a victim of a detention
center assault seeking a U Visa because it would create
incentives for detainees to beat themselves up. Because he
was not able to gather proof of his assault in time, Mr. W
accepted voluntary departure.

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Case X (Chart #113)

Mr. X, a longtime resident of the U.S., was pulled over
in June 2011 while driving a car with Mexican license
plates in Texas. The sheriff ’s deputy immediately asked
Mr. X, “Where is your passport?” Mr. X asked why he had
been stopped, and the deputy stated that it was because
the car’s headlights were not on. However, at the time, it
was already light outside. Upon the officer’s request, Mr.
X demonstrated that the headlights and other signals on
his car worked. The deputy still wrote Mr. X a ticket, but
inaccurately recorded the time on the ticket as 6:45 a.m.
instead of 7:15 a.m. In June 2011, sunrise in Texas occurred
between 6:35 and 6:40 a.m., and Texas law requires
headlights to be used until a half hour after sunrise. The
deputy then called CBP and held Mr. X on the side of the
road until CBP arrived. Mr. X was held for several days,
until he was released on bond.
Mr. X, a Mexican national, has lived in the United States
for 15 years and is married to a U.S. citizen. He is currently
in removal proceedings and is seeking to adjust his status.

Case Y (Chart #6)

In March 2011, Mr. Y, a 19-year-old longtime resident
of the United States, was sitting in a park in California
with his friends when they were approached by a police
officer. Some of his friends were drinking alcohol, but Mr.
Y was not. The police officer, however, only approached
and questioned Mr. Y, who is from Mexico. The police
officer asked to see identification, and when Mr. Y could
not produce any, the officer told Mr. Y that he would have
to go to the police station. Once there, ICE put a detainer
on Mr. Y and transferred him to immigration detention.
Mr. Y was held in detention for more than two months
in Arizona, where it was very difficult for his family to
see him. He was never charged with or convicted of any
criminal offense.
Mr. Y came to the United States when he was four years
old and graduated from high school in California. He has
no criminal history. He is currently in removal proceedings,
and is applying for a U visa because he previously was the
victim of an armed robbery.

Case Z (Chart #103)

Mr. Z is a 19-year-old college student who is originally
from Mexico but has lived in the U.S. since he was 10
years old. In November 2009, Mr. Z was stopped by the
University of Texas police for a broken tail light. During
the stop, the police officer found that there was a warrant
for Mr. Z due to unpaid parking tickets. The officer arrested
Mr. Z and took him to the police station. ICE issued a
detainer and then held Mr. Z in immigration detention for
four days until he was released on bond.
Mr. Z has no history with law enforcement other than the
outstanding parking tickets, which he paid off immediately
after his arrest. Mr. Z is currently in removal proceedings.

Case AA (Chart #27)

In December 2009, Mr. AA was driving a van in Broward
County, Florida, when he noticed a police officer following
him. Mr. AA pulled into a parking lot, and the police
officer followed him and pulled up to the van. The officer
gave no reason for following him but asked for a driver’s
license. Mr. AA presented an expired license. The officer
then called ICE and held Mr. AA until ICE arrived to
pick him up. The ICE agent asked Mr. AA if he had
immigration status. When Mr. AA said no, he was taken
to Broward Transitional Center and placed in immigration
detention for ten months before he was released on his
own recognizance.
Mr. AA has no criminal history. He is an Argentinian
national and entered the U.S. through the Visa Waiver
Program. At the time his NTA was issued, he had been
in the U.S. for almost ten years. He has two U.S. citizen
daughters, an 11-year-old and a two-year-old. He is
currently in removal proceedings.

Case BB (Chart #82)

In March 2011, Mr. and Mrs. BB, who are from India, and
their six-month old U.S. citizen son were passengers in a
car pulled over for speeding in New Mexico. The driver,
who had a green card, received a citation from the police
and was allowed to go. Mr. and Mrs. BB were asked to
produce identification, and when they could not produce
proof of immigration status, the police notified ICE from
the roadside. They have not been charged with any crime
and they do not have any criminal record.

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ICE immediately placed Mr. BB in immigration detention,
where he remains. Mrs. BB was released with their son.
Neither Mr. BB nor Mrs. BB has any criminal history.
Both are in removal proceedings.

Case CC (Chart #85)

In May 2011, Mr. CC, a Mexican national, was burning
leaves on his property in Doña Ana County, New Mexico,
when a sheriff ’s deputy stopped to inquire what he was
doing. Mr. CC explained that he had been told by city
officials that he did not need a permit to burn leaves. The
deputy asked him twice for his social security number, and
Mr. CC replied that he did not have one. The deputy then
wrote him a citation for burning leaves without a permit,
despite the fact that Doña Ana County neither issues nor
requires permits for burning leaves.
Two hours later, plainclothes ICE agents came to Mr. CC’s
house in unmarked trucks. The agents told Mr. CC they
were investigating a claim that he was trafficking people in
his home. Mr. CC denied the claim, but ICE agents took
him into custody and he was removed later the same day.
Mr. CC has no criminal history. He had lived in the U.S.
for over 15 years and had never failed to pay his taxes.

Case DD (Chart #118)

In November 2009, police officers came to a residence
in Virginia, allegedly looking for a suspect. Without the
consent of the owner of the residence, the officers entered
and started asking the men inside for their documents.
When two of the men did not have documents, the officers
called ICE, and then arrested the two men and took them
to the police station.
When the attorney for the two men inquired as to the
reason for their arrest, an officer said that the two men
were suspected of being gang members. When the attorney
asked if there was any evidence of gang affiliation, the
officer stated that the two men had Spanish nicknames.
The attorney explained to the officer that the nicknames
meant “skinny” and “whitey,” and that the names had no
gang affiliation; they were used by friends to describe the
men because one is thin and the other pale.
The two men were taken into ICE custody and spent two
months in immigration detention before being released on

bond. One took voluntary departure, and the other, whose
wife is a U.S. citizen, is still in removal proceedings. Neither
man had any criminal history.

Case EE (Chart #51)

In January 2011 in Minnesota, Ms. EE, who is from
Honduras, was pulled over for failure to signal for a right
turn. The police officer asked her for identification, and
Ms. EE was ticketed for driving without a license and for
having frost on her windshield. The officers called ICE
from the station, and a detainer was issued. Ms. EE was
then transferred to ICE custody and released on bond.
Ms. EE has no criminal history. She has a 15-month-old
daughter who is a U.S. citizen. Currently, Ms. EE is in
removal proceedings and is seeking asylum.

Case FF (Chart #54)

In May 2011, Mr. FF, who is from Mexico, was pulled
over in Minnesota for not signaling when changing lanes.
He gave the police officer valid proof of insurance, but
said that he did not have a license. He was then arrested
for driving without a license and taken to jail, where ICE
was contacted. ICE issued a detainer and, after Mr. FF’s
arraignment, took him into custody and transferred him to
a detention center in a different county from his home and
his attorney.
The criminal case regarding Mr. FF’s traffic stop is still
ongoing, but he remains in immigration detention and so is
unable to attend hearings. He has no other criminal history
and is currently in removal proceedings.

Case GG (Chart #12)

In the summer of 2009 in Colorado, Mr. GG, a Mexican
national, drove into a parking lot and got out of his car
to meet with his employer when a police officer followed
him into the lot. After the officer heard him speaking
Spanish, the officer approached Mr. GG and stated that
he had made an illegal turn and therefore needed to show
identification. Mr. GG does not believe that he made an
illegal turn and was never charged with any crime. Mr. GG
presented the officer with his Mexican passport and was
then arrested for not having verifiable identification, despite
the fact that passports are a valid form of identification in

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Colorado. After receiving notice from the local jail, ICE
issued a detainer and placed Mr. GG in immigration
detention until he was released on bond.
Mr. GG was in the U.S. on a B-2 tourist visa that he had
overstayed by a few weeks. His brother, a U.S. citizen, had
filed a relative petition on his behalf, and the priority date
is likely to come up within a few years. Mr. GG chose
voluntary departure and returned to Mexico.

Case HH (Chart #122)

In May 2011 in Vermont, a U.S. citizen was pulled over
for speeding while driving a van in which six construction
workers, all from Guatemala, were passengers. The police
officer asked each of the men for identification and then
called ICE from the roadside. ICE determined that all
of the men had either overstayed visas or entered without
inspection. The six men were taken to the police station.
ICE issued detainers for each of them, and they were
placed in immigration detention. They were detained
for several weeks until they were released on bond. One
man eventually took voluntary departure and returned to
Guatemala; the rest are still in removal proceedings.
None of the men were ever charged with or convicted of
any crime; none has a criminal history. Several men have
spouses and children who are U.S. citizens.

Case II (Chart #48)

In April 2011, Mr. II was driving his parents, both lawful
permanent residents who are disabled and unable to drive,
when he was pulled over in Kent County, Michigan. He
was arrested for driving without a license, an offense for
which he was eventually convicted. The police contacted
ICE, and ICE issued a detainer. Mr. II was transferred to
immigration detention and held until he was able to post
bond.
Mr. II, who is in his early 20s and originally from Mexico,
has lived in the United States since he was six years old; he
is currently in removal proceedings.

Case JJ (Chart #114)

In May 2011, Ms. JJ was involved in a shouting match
outside of a restaurant in Virginia. She was arrested for

public intoxication and was held in jail overnight. While
in jail, ICE was notified and issued a detainer. ICE placed
her in removal proceedings and held her in a facility several
hours away from her home for six weeks. Ultimately she
paid a $50 fine for the public intoxication charge.
Ms. JJ is originally from South Korea. She has no prior
criminal history and, at the time of her arrest, both she and
her husband had pending adjustment of status applications
based upon her husband’s employment. She is currently in
removal proceedings.

Case KK (Chart #98)

In June 2011, Mr. KK was one of four passengers in a
car in Pennsylvania when the car was pulled over by state
police for violating the state tinted windows regulation. The
officer asked for identification from the driver and all of the
passengers. The officer then called ICE from the roadside
and transported Mr. KK to a local jail, where he was held
until ICE came to pick him up. Mr. KK was then placed in
immigration detention.
Mr. KK has no criminal history. He was placed in removal
proceedings after his arrest.

Case LL (Chart #13)

During the summer of 2009, Mr. LL was pulled over
while driving in Arapahoe County, Colorado. The officer
told him it was because he had an obstructed windshield
– although Mr. LL only had a crack in his windshield and
his view was not obstructed. When the officer requested
that he show identification, Mr. LL showed a foreign
identification card. The police officer asked twice if Mr. LL
had other identification, and both times he said no. The
officer then reached into the car and took Mr. LL’s wallet
without his permission. In the wallet, the officer found a
social security card, and so he arrested Mr. LL for forgery.
The sheriff contacted ICE from the local jail, and ICE
issued a detainer. Mr. LL was transferred to immigration
custody and held in detention until he could post bond.
His criminal case for the traffic stop is ongoing.
Mr. LL, a Mexican national, has no previous criminal
history. His wife, a U.S. citizen, is currently pregnant. Mr.
LL is in removal proceedings.

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Explanation of Appendix B: The 127 cases in the chart are arranged alphabetically by the state in which the initial encounter with state or local law enforcement occurred.   The “Date” is the
month-year of the encounter.  The “Description of initial encounter with LLEA” is a description of the circumstances in which the client came into contact with state or local law enforcement.  The
“Arrest” column indicates whether the client was arrested at the encounter.  The “Criminal case status” column includes criminal charges, convictions, and sentences that resulted from the encounter.  
The “Detainer” column indicates whether detainer was issued.   The “Detention” column indicates whether the client was held in immigration detention.  The “”Imm case status”” column indicates the
status of the immigration case.   The “USC or LPR Family” column indicates any U.S. citizen or lawful permanent family members of the client.   The “Past convictions” column includes the client’s
past criminal convictions.   The “Notes” includes any other relevant information about the encounter or client.   The “Nationality” column indicates the client’s country of nationality.			
State

Date

1

CA

May-09

Client was arrested for public intoxication.

Jul-10

Client was a passenger in a car with three other men (all Hispanic),
returning from work around 2pm. The car passed a parked U.S. Forest
Service vehicle which followed the car for about 10 minutes and then
pulled the car over. The officer said he stopped the car for speeding.
He ordered everyone out of the car and asked about their immigration
status. They were held at the roadside until ICE came to pick them up.
ICE brought them to the local jail where they were held overnight and
then released with NTAs.

2

3

4

5

6

CA

CA

CA

CA

CA

CA

Arrest

Criminal case status

How was DHS
notified?

Detainer

Y

No charges pursued, no
convictions

Attorney thinks sheriff
called ICE

Y

N

No charges, no
convictions

Called by U.S. Forest
Service officer at
roadside

Client was a passenger in a car that was pulled over. He was not
wearing a seatbelt. When the officer asked him for ID, he gave his valid
U.S. driver’s license. However, a flag came up in the system because he
had been deported the year before. He was arrested for not wearing a
seatbelt and illegal reentry.

Sep-09

Client was dropping her daughter off at school when she was pulled
over after making a right turn at a red light during hours when right
turns are not allowed. After pulling her over, the police officer told
client, “I know you are illegal,” and repeatedly questioned her about
her immigration status. She was detained at the roadside until ICE
could pick her up.

Feb-11

Client was stopped on suspicion of DUI, and was found to be just
barely over the legal limit at the roadside test. He was under the legal
limit after further testing at the police station. The police officer also
noted that client had an expired license. He was arrested for DUI and
an expired license, and then detained at the station for a few hours until
ICE picked him up.

Mar-11

Client was sitting in a park with friends when a police officer approached and asked him for ID. His friends were drinking but he was
not and did not have any alcohol with him. However, the officer did
not approach his friends. Client said he did not have ID on him since
he was a kid and did not drive. The officer said that since the client
couldn’t prove who he was, he might be dangerous and so he would
have to go to the police station. There was no reason for the arrest aside
from lack of ID.

ANC

May-11

Attorney is unsure of the reason for the initial stop, but client was
ticketed for no license. He was not arrested, but he was later required to
go to the police station to be fingerprinted and pay a fine at the court.
When he went to pay the fine, he was arrested by ICE and taken to their
facility for processing.

N

KEY
Y = Yes

N = No

N

Detention

Imm
case
status

USC or LPR
family

T, *

N, ROR

P, *

Past
Convictions

None

USC Wife,
USC young
daughter

None

Notes
Client has cerebral palsy and has a developmental level of a 9 or
10-year-old. The incident occurred in Marysville.
Attorney was able to re-open the old asylum case of client’s mother,
who has a U visa. Client received U visa derivative status.
There was a multi-agency marijuana eradication effort called Operation Trident going on at the time, and they apparently incorrectly
assumed that the client and the others in the car were involved in
marijuana cultivation.

Nationality

Guatemala

withheld

Attorney has filed motion to suppress.

late 2010

24
7

Description of initial encounter with LLEA

Y

Not charged or convicted for seatbelt, but
charged & convicted
for illegal reentry and
sentenced to 27 months

Attorney believes ICE
was notified through
Secure Communities
at the traffic stop.

Client is
former LPR
N, *

N, *

*

N

No charges, no
convictions

ICE called by police at
roadside

N

N

P, *

Y

Charged with DUI,
criminal case is
ongoing *

ICE called by local PD
at station.

UNK

N, ROR

P

USC father,
USC mother,
2 USC children, USC
girlfriend

Assault with
a firearm
(2001), served
1 year.

Mexico

Client is currently in prison for illegal reentry conviction.
Client was given an NTA but released so that she could pick up her
daughter from school.

USC
daughter,*

None

USC
daughter (13
years old)

None

Client is completing a pre-sentencing MADD drunk driving class,
so attorney does not anticipate that he will be convicted.

Mexico

Attorney is working on U visa application because the client was
robbed at gunpoint at age 17. Client has lived in the U.S. since he
was 4 and graduated from high school here. He wanted to go to
college, but couldn’t afford it, so is training to be a barber. He still
lives with his parents. Client was detained by ICE in Arizona, and
it was very hard for his family to reach him. The staff at the facility
were very uncooperative with his family and attorney.

Mexico

No charges, no
convictions

Police contacted ICE

Y

Y, 2.5
months

P, *

None

Ticketed for driving
without license

Met by ICE agents in
civilian clothes when
he went to court to pay
the ticket.

N

N, B

*

None

B = Bond
ROR = Released on own recognizance P=case pending R=removed T=case terminated
AILA InfoNet
Doc.
No. 11081609. (Posted 08/16/11)

ANC = Arrested, but no criminal charge

Client was an LPR who was removed in 2010 based on a 2001
conviction for assault. He reentered the U.S. immediately following
his removal because of mother’s health. She is very ill and likely
has cancer, although she is still being diagnosed. He consulted
with an immigration lawyer about reentering legally, but was afraid
he wouldn’t have enough time if he wanted to see his mother again
before she died.

Client’s daughter has learning disabilities. She is seeking cancellation of removal, asylum, and withholding of removal.

Client has 2 prior deportations/expedited removals.
Client is currently waiting for NTA to be issued.

VD=voluntary departure

Mexico

Mexico

* = see “Notes” for more information

APPENDIX B—COMPREHENSIVE CASE CHART

Immigration Enforcement Off Target: Minor Offenses with Major Consequences

Case
ID #

Case
ID #

8

10

11

12

13

14

25

15

CA

CA

CA

CA

CO

CO

CO

CT

Date

Jan-10

Description of initial encounter with LLEA

Arrest

Client was pulled over for making an unlawful turn and ticketed for
not having a license. When she could not produce any ID, the officer
arrested her for driving without a license.

Client was pulled over because the light over the license plate was
out. She was then arrested for no license or insurance, and a nonfunctioning license plate light.

Y

Criminal case status

Charged with driving
without a license and
unlawful turn.

How was DHS
notified?

Unknown

Detainer

Y

Detention

N, B

Imm
case
status

P, *

Charges dropped, no
conviction.

CT

Past
Convictions

USC
daughter (2
years old),
USC son (10
years old)

None

Notes

Nationality

It is against local police policy to make an arrest based on no
license. In this case, the police officer told client that she would be
arrested and should call a family member to bring ID to the jail.
Client called her family from the jail and asked them to bring her
passport, however, when they arrived, her family was not allowed
to see her or present the passport.

Guatemala

Attorney anticipates termination of proceedings because client was
granted a U Visa based on domestic violence.

Y

Charged and convicted
of no license plate light.

Local police called ICE
from station

Unknown

N, ROR

P, *

expecting a
child w/ USC
boyfriend

None

There is a suppression motion pending in court. Client is a
longtime resident of the U.S. and a DREAM Act candidate.

withheld

Jul-08

Client was pulled over for driving with headlights off at night. Client
was arrested for driving without a license and no headlights.

Y

Attorney is unsure how
case was resolved

Believes officer must
have notified ICE on
his own, since it is not
PD policy to report
people to ICE.

Y

Y, several
days

R, *

USC fiancée
(engaged
after arrest)

None

Client was removed from the U.S. within days of his arrest. He had
a previous record with immigration. Attorney only learned of the
case after removal, when approached by client’s USC fiancée.

Mexico

Jan-11

Client pulled up to a three-way stop sign. A police car was also stopped
at the intersection, facing the client. When the cars passed, the police
officer looked at the client, made a U-turn, and followed the client’s car
for several minutes. The police officer pulled the client over and stated
that he was being pulled over because there was a problem with his
brake lights. Client does not believe that there was a problem with the
lights. He was arrested for driving without a license.

Y

Charged and convicted
of driving without a
license

County jail contacted
ICE.

Y

Y, 2 weeks

P

Summer
2009

Client parked his car and walked into a parking lot to meet with his
employer. A police officer followed him into the lot and heard him
speaking Spanish. The officer stated that client had made an illegal
turn and therefore needed to show ID. Client says that he did not make
an illegal turn. Client presented his Mexican passport, and the officer
then arrested him for not having a verifiable form of identification, even
though passports are a valid form of identification in Colorado.

Y

No charges pursued, no
convictions

Sheriff notified ICE
from jail.

Y

N, B

VD

USC brother

winter

Client was pulled over for driving with an obstructed windshield
because there was a crack in his windshield. At the stop, the client
showed a foreign ID. The police officer asked twice if the client had
other identification, and the client said no twice. The officer then
reached into the car, took the man’s wallet without his permission and
saw a social security card. Client was then arrested for forgery, a felony.

Y

Criminal case is
ongoing

Sheriff notified ICE
from jail.

Y

N, B

P

USC wife,
who is
pregnant

Fall 2010

Client was driving a car with a brown vinyl top and grey body. The
car was properly registered and all lights were functioning. A police
officer pulled the car over because he said that his database described
the car as brown. The officer questioned the client and passengers
about drugs (they had none), took everyone and everything out of
the car, and checked their IDs. Client was arrested for driving under a
revoked license.

Y

Criminal case is
ongoing

Sheriff notified ICE
from jail.

Y

N, B

P

USC wife,
USC children

Y

Ticketed for driving
without a license

Police officer called
ICE from station

Y

N, B

Sum.
2009

Apr-09

Client was pulled over after passing a police officer driving in the opposite direction. He committed no moving violation. The police allege
that they checked the car’s registration against their database and found
a problem. Both client and his wife were hit or pushed by the police
during the traffic stop.

Apr-09

Client pulled up to a traffic light where a police officer was stopped.
Although he committed no moving violation, the officer pulled him
over. The police allege that they checked the car’s registration against
their database and found a problem.
Client was arrested for driving without a license and other traffic
charges, held overnight, and transferred to ICE custody after traffic
court.

KEY
Y = Yes

N = No

Y

Ticketed for driving
without a license

Police officer called
ICE from station

Y

Y, 2
weeks, B

2 driving
without a
license

Attorney does
not think
client had
any criminal
history

None

Client had overstayed a B2 visa by a few weeks. His USC brother
had previously submitted a relative petition on his behalf, with a
priority date that would likely come up within a couple of years.
Therefore, client chose to take voluntary departure in order to avoid
triggering a 10 year bar.

Mexico

Incident took place in Arapahoe County

Mexico

Mexico

P

Several driving without a
license

withheld

P

1 creating
a public
disturbance,
2 driving
without a
license

B = Bond
ROR = Released on own recognizance P=case pending R=removed T=case terminated
AILA InfoNet
Doc.
No. 11081609. (Posted 08/16/11)

ANC = Arrested, but no criminal charge

Mexico

Previous
traffic convictions (that led
to revoked
license)

Client was arrested for driving without a license and other traffic
charges, held overnight in jail, and transferred to ICE custody after
traffic court.

16

USC or LPR
family

Client had previous expedited removals.
Client speaks little English, but was not offered an interpreter by
local police.

withheld

Client was held in immigration detention until he was released
on a $10K bond.

VD=voluntary departure

* = see “Notes” for more information

APPENDIX B – COMPREHENSIVE CASE CHART

Immigration Enforcement Off Target: Minor Offenses with Major Consequences

9

State

Case
ID #

17

State

CT

Date

Description of initial encounter with LLEA

Arrest

Apr-09

Client pulled up to a traffic light next to a police car. Although he
committed no moving violation, the officer pulled him over. The police
claim that they checked the car’s registration against their database
and found a problem. The police officer also alleges that client was not
wearing a seatbelt.

Criminal case status

How was DHS
notified?

Detainer

Detention

Imm
case
status

USC or LPR
family

19

20

21

22

CT

DC

FL

FL

FL

Apr-09

Dec-10

Client was arrested for driving without license, improper plates, and
other traffic charges, held overnight, and transferred to ICE custody
after traffic court.

Client was pulled over for expired registration tags. ICE picked client
up from the roadside.

Dec-10

Client was pulled over for no apparent reason by a sheriff’s deputy.

May-11

Client was a passenger in the back of a truck full of hay. Police stopped
the truck, but attorney is unsure of the reason for the stop. The police
asked everyone for ID. The driver and other passenger were USCs and
were allowed to continue driving. Client did not have ID and was held at
the roadside until ICE came to take him into custody.

Apr-11

Client was driving to the pharmacy with his 10 and 12-year-old children,
when he was pulled over by the police for no stated reason. The officer
asked for his license, but the client did not have one. He was held at the
roadside until ICE came to pick him up.
When he was pulled over, client asked to stay at the car until his
brother-in-law could arrive to pick up the kids, but he taken away by ICE
immediately. The children had to wait in the car for 35 minutes with a
police officer they had never met before until the brother-in-law arrived.

Nationality

Y

Ticketed for driving
without a license

Police officer called
ICE from station

Y

Y, 2
weeks, B

P

Y

N

Ticketed for improper
plates

No charges, no
convictions

Police officer called
ICE from station and
made client speak to
ICE on the phone

Police called ICE at the
roadside

N

No charges, no
convictions

ICE called by the
deputy from the
roadside

N

No charges, no
convictions

Police called ICE from
the roadside

Y

N

N, B

Y, 1.5
months

N

Y

N

Y, several
days

P

USC children

Several driving without a
license

P

Several LPR
relatives,
USC
girlfriend

2 DUIs, 1
possession of
open container
of alcohol, 1
concealing a
deadly weapon
and theft
(1991)

VD

USC child
(born 2
weeks
after client
placed in
immigration
detention)

None

Client speaks little English, but was not offered an interpreter by
local police.

withheld

Client held in immigration detention until he was released on a
$12.5K bond.

Client speaks little English, but was not offered an interpreter by
the local police.

withheld

El Salvador

Client accepted voluntary departure after being denied bond.
Attorney did not learn of the case until after the man’s removal,
when his sister and his wife asked for help in locating the car client
was driving when he was put in detention.

Guatemala

Client took voluntary departure within a few days of arrest, because
he had no relief and was unlikely to be offered bond.
VD, *

None

Client was in the truck because he worked for the owner of 2 horse
farms, and was getting a ride with some of his coworkers from one
farm to the other.

Honduras

Client has lived in the U.S. for more than 10 years. His children all
have asthma, and he was driving to the pharmacy to pick up their
medication. His wife had a major operation several years ago that
continues to prevent her from driving.
N

Ticketed for driving
without a license

Police called ICE from
the roadside

N

Y, 3 months

P*

3 USC
children (12,
10 and 3
years old)

1 prior driving
without a
license

Client was denied bond due to his 2 driving without a license
violations and has been in immigration detention since April.
IJ states that bond was denied because he is a “danger to the
community” because he has been pulled over for driving without
a license two times.

Mexico

Client is applying for cancellation of removal and seeking
reconsideration of the denial of bond.
Client entered the US on a tourist visa in 1998.

26
23

FL

Apr-11

Client was a passenger in a car that was pulled over for no stated
reason. The officer let the driver (the client’s friend) go because he had a
license, but held the client because he did not have proof of status. ICE
picked him up at roadside and put him into immigration detention.

N

No charges, no
convictions

Police called ICE from
the roadside

N

Y, 3 months

VD *

None

Client was assaulted while in immigration detention and was sent
to the emergency room. As a result, he tried to pursue a U visa,
but the IJ did not give him enough time to gather the necessary
evidence. The IJ told him that if individuals assaulted in detention
could apply for U visas, detainees would beat themselves up to
qualify. Because the IJ wouldn’t allow more time for the U visa,
client accepted voluntary departure. However, he has been in
immigration detention since the traffic stop and has not been able
to obtain a passport, so he may not be able to depart in time.

Guatemala

Though the client speaks little English, he was not offered an
interpreter at the traffic stop.

KEY
Y = Yes

N = No

B = Bond
ROR = Released on own recognizance P=case pending R=removed T=case terminated
AILA InfoNet
Doc.
No. 11081609. (Posted 08/16/11)

ANC = Arrested, but no criminal charge

VD=voluntary departure

* = see “Notes” for more information

APPENDIX B—COMPREHENSIVE CASE CHART

Immigration Enforcement Off Target: Minor Offenses with Major Consequences

18

Notes

Client had prior contact with immigration authorities.
3 driving
without a
license

Client was arrested for driving without license, not wearing a seatbelt,
and other traffic charges, held overnight, and transferred to ICE custody
after traffic court.
Client was pulled over by a police officer although he had committed
no moving violation. The police allege they saw that the car did not
have proper registration tags as it drove by.

Past
Convictions

Case
ID #

State

Date

Description of initial encounter with LLEA

Arrest

Criminal case status

How was DHS
notified?

Detainer

Detention

Imm
case
status

USC or LPR
family

Past
Convictions

Notes

Nationality

Client has lived in the U.S. for more than 10 years. He is applying
for cancellation of removal.

24

26

FL

FL

Mar-09

Spring
2011

2010

Client was pulled over and arrested for driving with an expired license.
Attorney is not sure if there was a reason given for the stop.

At a security checkpoint that requires everyone entering the Fort
Lauderdale port to show ID, client was stopped and accused of using
a false ID. He was given a ticket, his vehicle was confiscated, and CBP
immediately took him into custody.

Client was riding in a car with his USC wife and child. His wife was
driving. The car was pulled over and the wife was given a ticket for
driving without a license. She has a license but did not have it with
her at the time.

Y

N

N

Charged and convicted
of driving with an expired license. *

Local jail has 287(g)
officers

Charged and convicted
of driving without a
license.*

Broward Sheriff’s
Deputy called CBP
from the scene

No charges, no
convictions

ICE came to traffic
court and arrested
everyone that required
an interpreter

Y

N

N

Y, 10 days

Y, 1 month

N, B

P, *

R

VD

3 USC
children

USC child (5
years old)

USC wife,
2 USC
children

Possibly
1 driving
without a
license

None

None

Client was not sentenced to jail time for the traffic charge, but was
held for 2 or 3 weeks until he pled out. After the conviction, ICE
took him into custody.

Mexico

Police in the area will sit by the roadside and check the license
plate numbers of cars passing by in their computer system to see if
any come up as having expired or suspended licenses associated
with them, especially if the driver appears to be Latino.
Client was deported. He had been in the U.S. for just short of
10 years.
He was found guilty in absentia of the criminal charge after he had
already been removed.
Client’s wife was born in the U.S., but resided in El Salvador for most
of her life, so she does not speak very much English. Client went with
his wife to traffic court for moral support. They waited over an hour
until the Court began to call cases requiring interpreters. Plainclothes
ICE agents entered the courtroom and arrested everyone needing an
interpreter. Client’s wife was arrested and detained for 2 hours until
ICE realized that she was a USC. Client was taken into ICE custody.
Client was released on bond, but had no relief other than VD.

Jamaica

El Salvador

Client was the sole source of support for his USC wife and their 2
USC children. He was also supporting his wife’s USC sister and her
2 USC children because the father of the children abandoned them.

27

FL

Dec-09

Client was driving a van in Broward County when he noticed a police
officer following him. He was nervous, so he pulled into a parking
lot and the police officer followed him and pulled up to the van. No
reason was given for the stop and all of the van’s registration and
tags were up to date. Officer asked for license and client presented an
expired license.

N

No charges, no
convictions

Police called ICE from
the roadside

N

Y, 10
months

P

2 USC
daughters
(11 and 2
years old)

Client is a pastor. He entered the U.S. under the Visa Waiver
Program. His NTA was issued only a few months before he
became cancellation eligible.
None

Client was held in immigration detention for 10 months. While in
detention, he collected a list of all of the people who were stopped
in Broward County and placed in immigration detention but had
never been charged with a crime or even given a traffic ticket. He
saw people forced by ICE officers to sign documents. In some
cases, the officer would hold the detainees’ hands to the document.

Argentina

Client had lived in U.S. for almost 10 years at time of arrest.

28

FL

Feb-11

Client was pulled over while driving and arrested for driving while
license suspended, 3rd offense.

Y

Charged with a felony
traffic violation, which
was dropped to a
misdemeanor at a
hearing, *

ICE notified through
the 287(g) program

Y

Y

VD, *

USC child

3 driving
without a
license, 1
driving vehicle in unsafe
condition,
1 violation
of probation
(no driver’s
license),

27

2 prior encounters with
border patrol
in 2001

He was arrested in Collier County, which is very aggressive in
implementing the 287(g) agreement.
After the client was charged in the criminal case, he was assigned a
public defender and posted bond. He was immediately transferred
to ICE custody where his motion for a bond was denied. Client
was given voluntary departure after several months in detention.
However, because he was transferred between ICE facilities leading
up to the day of his departure, he was unable to use the plane
ticket his family bought for him. He has requested an extension of
the time to leave.

Guatemala

At the time of his criminal court hearing, client was still in
immigration detention and so was unable to attend the hearing.
Although friends of the client had contacted the public defender’s
office to explain that client was in immigration detention, the public
defender stated that he did not know where the client was, and the
court issued a warrant for failure to appear.
Client has recently been transferred to Collier County to resolve
the traffic violations.

KEY
Y = Yes

N = No

B = Bond
ROR = Released on own recognizance P=case pending R=removed T=case terminated
AILA InfoNet
Doc.
No. 11081609. (Posted 08/16/11)

ANC = Arrested, but no criminal charge

VD=voluntary departure

* = see “Notes” for more information

APPENDIX B – COMPREHENSIVE CASE CHART

Immigration Enforcement Off Target: Minor Offenses with Major Consequences

25

FL

Case
ID #

29

State

FL

Date

Apr-10

Description of initial encounter with LLEA

Arrest

Client pulled into a parking lot and was followed by a police officer. The
officer searched the client and his vehicle, and client was arrested for
driving without a license.

Y

Criminal case status

Charged and convicted
of driving without a
license; served 25 days

How was DHS
notified?

Unknown

Detainer

Y

Detention

Y

Imm
case
status

R

USC or LPR
family

2 USC
daughters
in his sole
physical
custody; 1
USC son

Past
Convictions

1 petty theft,
several driving
without a
license

Notes

Nationality

Client moved to the U.S. when he was 14 years old. He and his
girlfriend were the victims of a knife attack and rape in Maricopa
County, AZ. The couple cooperated with the investigation of the
crime. However, he has been unable to apply for a U visa because
the sheriff’s office in Maricopa has a policy of never completing a
law enforcement certification for U visas.

Mexico

ICE has refused to grant deferred action.
Client has been ordered removed, but the removal order is stayed
while the client applies for U.S. passports for his daughters.

31

GA

GA

Nov-10

Apr-11

Y

The police were called to the client’s home during a dispute with his
wife, and the client was arrested for simple battery.

Y

Charged with forgery,
2nd degree.
Never arraigned or
convicted.
Charged with failure to
appear for a prior case
and simple battery.
Never arraigned or
convicted.

ICE was notified
due to 287(g) at the
county’s jails

Y

Y

R

None

Mexico

Mexico

ICE was notified due to
287(g) at the county’s
jails.

Y

Y

R

1 DUI (2003),
1 open simple
battery case,
no conviction
(2008)

None

32

GA

Jan-11

Client was pulled over on suspicion of DUI and arrested for DUI,
improper parking, consumption of alcohol by a minor, and driving
without a license.

Y

All charges were
eventually dismissed
(nolle prosequi)

Unclear, but likely that
ICE was called from
the police station.

Y

*

P, *

33

GA

May-11

Client was stopped at a roadblock and arrested for driving without
a license.

Y

Charged and convicted
of driving without a
license.

ICE was notified
through 287(g)

Y

Y, 2 months

P

USC child

1 driving
without a
license

34

GA

Jun-11

Client was pulled over for improper registration tags. Client was
arrested for improper registration and driving without a license.

Y

Charged and convicted
of driving without a
license and improper
registration

ICE was notified
through 287(g)

Y

Y, B, *

P

2 USC
children

2 driving
without a
license

35

GA

Nov-10

Client was pulled over for tinted windows, and then arrested for driving
without a license and expired tags.

Y

Charged and convicted
of tinted windows, expired tags, and driving
without a license; spent
1-2 months in jail.

Unknown

Y

Y

P

USC wife

Several driving without
a license,
several no
insurance

36

IL

Mar-11

Client was pulled over for a traffic violation and was arrested for driving
without a license

Y

Charged and convicted
of driving without a
license

Y

P

USC children

37

IL

Sep-10

Client was pulled over for a traffic violation and arrested for driving
without a license and no proof of insurance.

Y

No charges pursued, no
convictions

Police contacted ICE.

Y

P

Feb-11

Client was driving with his wife, a USC, in Western MA. He was pulled
over by the police, but no reason was given for the stop. The officer
asked for his driver’s license, which client did not have. The officer took
client’s name and returned to the patrol car. When he returned, he called
client a “frequent flyer” and arrested him for driving without a license.

Y

Charged and convicted
of driving without a
license

Unclear, but attorney
thinks police called
ICE.

Unknown

B

T

USC wife

None, *

Y

Charged with driving
with a suspended
license and released
- criminal case is
ongoing

Local police contacted
ICE from station.

Y

Y, 10
days, B

P

USC wife,
USC adult
children

Minor traffic
violations

Y

No charges pursued, no
convictions

UNK

Y

Y, 2 days

R

USC wife,
USC young
son

None

38

MA

28
39

MD

Apr-11

A police officer pulled client over after the officer followed him for several minutes. Client had not committed any moving infraction, but the
officer said he was making a routine stop because the owner of the car
(not the client) showed up in the police system as having a suspended
license. The officer then found that client also had a suspended license.

40

MD

May-09

Client was pulled over by a police officer alleging that he wasn’t wearing a seatbelt, which client disputed.

KEY
Y = Yes

N = No

withheld

Client is still in immigration detention.
Attorney’s practice sees many similar cases with people stopped
for no license and turned over to ICE, especially since the 287(g)
agreement went into effect.

Mexico

Client’s immigration bond was set at $10K.

Mexico

Client is in his 50s, has been married for 10 years to a USC with
disabilities, and has temporary custody of a grandchild with
special needs.

Mexico

1 DUI

Stop took place in Jerseyville.

Mexico

None

Stop took place in Fairmont City.

Mexico

Client is applying for adjustment of status.

B = Bond
ROR = Released on own recognizance P=case pending R=removed T=case terminated
AILA InfoNet
Doc.
No. 11081609. (Posted 08/16/11)

ANC = Arrested, but no criminal charge

Client is a minor and an orphan. He was placed in ICE custody and
then transferred to custody of the Office of Refugee Resettlement.
He is seeking special immigrant juvenile status (SIJS).

He was charged with but not convicted of driving with a suspended
license and unregistered vehicle in 2005.

Client has lived in the U.S. for almost 30 years.

Wife and young son, both USC, were in the car as passengers.
USC family is suffering financially and emotionally because of the
client’s removal.

VD=voluntary departure

Guatemala

El Salvador

Brazil

* = see “Notes” for more information

APPENDIX B—COMPREHENSIVE CASE CHART

Immigration Enforcement Off Target: Minor Offenses with Major Consequences

30

Client was pulled over with her son for having invalid registration
tags. When she gave the police her documents, an officer told her that
the name on her documents did not match the name in their system.
She was arrested for forgery. However, client denies having forged
documents, and attorney believes the entire arrest was due to confusion
over the client’s full name.

Case
ID #

41

42

44

45

46

47

48

MD

MD

MD

MD

MD
or
VA

MI

MI

MI

29

49

MI

50

MI

51

MN

Date

Description of initial encounter with LLEA

Jun-10

Client was a passenger in a car that was pulled over because both he
and the driver were not wearing seatbelts. The police officer found
drugs in the car, not belonging to the client, but client was arrested.

Apr-11

Client, a stay-at-home mom, was selling $2 and $5 phone cards to
earn money. She was arrested on a raid in her home and taken to the
station to be booked.

Apr-11

Client was pulled over because one of her taillights was not working.
The police officer requested her driver’s license, and the client
showed her Brazilian driver’s license. She was arrested for driving
without a license.

Dec-09

Client called for police for protection during a fight with her partner.
While the police were in her home, they saw her neighbor give her $10
in quarters and, separately, that she had several $2 phone cards on
a table. The officers never asked her about the phone cards, but they
later filed charges alleging that she was illegally selling phone cards.
She never received the notice about the charges, and a bench warrant
was issued. When she found out about the warrant, she went to the
police station. She was served with an arrest warrant, arrested, and her
fingerprints were taken.

Early
2011

Mar-11

April/May
2011

Apr-11

Summer
2010

Jan-11

Arrest

Criminal case status

Y

Charged with drug
possession but the case
was later dismissed

Y

Y

Charged with violating
business regulations
for operating a business
without a trader’s
license. Charges were
dismissed (nolle
prosequi).
Charged and convicted
of driving without a
license. Received
probation. Conviction is
on appeal.

How was DHS
notified?

Unknown

ICE notified through
Secure Communities

Unknown

ICE notified through
Secure Communities
after client was
fingerprinted.

Charged with selling
phone cards without a
license.

Client was walking home from a liquor store with a closed alcoholic
beverage container in his backpack when a police officer stopped him
and said he would be arrested for drinking in public.

Y

Received citation for
drinking in public and
a court date, but no
conviction

Unknown

Client and family were moving to MI from OR and driving through
Ottawa County. Client’s wallet was stolen right before they had moved
from OR, and client had a photocopy of his valid OR driver’s license.
Attorney doesn’t know the reason for the initial stop, but client was arrested for driving without a license. The driving without a license charge
was later dropped, because client had a valid driver’s license.

Y

No charges pursued, no
convictions

Called by police

Attorney does not know the reason for the initial stop, but client was
arrested for driving without a license.

Y

Charged and convicted
of driving without a
license

Called by police

Client was driving his parents, both lawful permanent residents, to the
doctor’s. Both parents are disabled, and client is the only one physically
able to drive. Attorney does not know the reason for the initial stop, but
client was arrested for driving without a license.

Y

Charged and convicted
of driving without a
license

Called by police

Client was a passenger in a van driven by his son, a lawful permanent
resident. The van was pulled over because the turn signal wasn’t
working. Client was asked for ID, and when he could not produce any,
he was taken to the police station.

ANC

No charges, no
convictions

Police notified ICE
from roadside.

Client was a passenger in car driven by her daughter, a lawful permanent resident. The car was stopped, but the daughter never received a
ticket. The police requested ID from client, and she showed an expired
ID. When asked why she hadn’t renewed the ID, she said that she didn’t
have a green card yet.

ANC

No charges, no
convictions

Police contacted ICE.

KEY
Y = Yes

N = No

Y

Detention

Y, B

N

Imm
case
status

P

VD

USC or LPR
family

LPR mother

2 USC sons

Past
Convictions

Notes

Nationality

None

Client recently turned 21. He and his mother had both applied to
adjust status, and they had interviews on the same date. She was
granted residency, but his file was transferred to ICE. USCIS is
not proceeding with his adjustment of status case because his file
is with ICE. Client has received an NTA, but it has not been filed
with the court.

Venezuela

None

Upon arrival at the police station, an officer asked her in Spanish
if she spoke English. She said she did not. He told her, “since you
don’t speak English, I am sending you to jail.” NTA was issued
3 days later.

withheld

The incident occurred in Hyattsville.

Y

Client was pulled over for failure to signal for a right turn. She was
arrested for not having a driver’s license and having a windshield
covered in frost.

Detainer

Y

Unknown

N

N*

P

P

USC
husband

USC
daughter (2
years old)

1 misappropriation of
identity information (currently seeking
post-conviction
relief)

None

Brazil

Client was not selling phone cards. Her neighbor was returning
quarters that the client had lent her for laundry. Client had several
phone cards because it was Christmastime, and she planned to
call her family.
Client was held in ICE custody for several days until she was
released on an ankle monitor.

withheld

The arrest took place in Prince George’s County.

*

None

Client states that he was not drunk and did not have an open
container of alcohol.
He is still in removal proceedings or already removed.

Y

Y

Y

P

3 USC
children

VD

None

After client was transferred to DHS custody, his bond was denied
even though he had no criminal history.

Latin
America

Mexico

Client is seeking cancellation of removal.

None

Client was driving someone to a doctor’s appointment when she
was pulled over in Kent County.

Mexico

The stop occurred in Kent County.
Y

P

LPR parents

None

Client has been in the U.S. since he was around 6 years old.

Mexico

Client has been released on bond. He is seeking to be added to his
parents’ family petition.

Y

Y, 1 month

P

LPR son

None

Y, 3-4
days, B

P

several LPR
children

None

Client, who is 72 years old, is applying for asylum and withholding
of removal. He entered the U.S. in 2006 on a visitor visa.
Client, who is 60 years old, was previously denied petition for
failure to submit additional evidence, but she never received the
Request for Evidence.

Albania

Bahamas

One of her LPR children has applied for citizenship.

Y

Charged and convicted
of driving without a
license and failure to
use turn signal. *

Local police talked to
ICE from the station

Y

N, B

P

USC
daughter (15
months old)

Client entered on a visitor’s visa and is now seeking asylum.
None

B = Bond
ROR = Released on own recognizance P=case pending R=removed T=case terminated
AILA InfoNet
Doc.
No. 11081609. (Posted 08/16/11)

ANC = Arrested, but no criminal charge

Client was not sentenced to time in jail, but was held without bail
before her hearing.

VD=voluntary departure

Honduras

* = see “Notes” for more information

APPENDIX B – COMPREHENSIVE CASE CHART

Immigration Enforcement Off Target: Minor Offenses with Major Consequences

43

State

Detainer

Detention

Imm
case
status

USC or LPR
family

Past
Convictions

No charges, no
convictions

CBP called by state
police from roadside.

N

Y, B

P

USC brother

None

Y

Criminal case is
ongoing

ICE was notified at
time of booking into
the county jail

Y

Y, 3 weeks

P

USC fiancée

1 DUI (that led
to this arrest)

Y

Charged with driving
without a license, but
released to ICE after arraignment and removed
from county. Criminal
case is ongoing.
Charged and convicted
of driving without a
license

State

Date

Description of initial encounter with LLEA

Arrest

52

MN

Jul-09

Client was on the side of the road with a flat tire when he was approached
by a police officer who had been travelling in the opposite direction on the
highway. There was no violation, but the state police ran his plates, asked
for ID, and took him a county jail to await transfer to immigration custody.

ANC

53

MN

May-11

Client was pulled over for a driving with a broken taillight. Police ran his
information and found a warrant for an arrest for a previous DUI, of which
the client had not been notified. Client did not know about the warrant.

54

MN

May-11

Client changed lanes but did not signal the lane change. The police
pulled him over. Client gave valid proof of insurance but said he did not
have a license. Client was arrested for driving without a license and was
taken to the local jail.

55

MN

May-10

Client was pulled over and arrested for driving with a cracked
windshield.

Y

Criminal case status

Police notified ICE
from jail.

Y

Y

Y

P

None

VD

None

Notes

Nationality

Mexico

Client entered the U.S. with a valid visa 7 years ago. He is in the
process of marrying his USC fiancée.

Mexico

The public defender’s office sees a lot of cases like this one where an
individual is released into ICE custody immediately after arraignment
and taken to other counties that are hours away. It makes criminal
defense work very difficult. Often clients are not brought back for their
criminal hearings and so they receive a warrant. Not all defendants
know the consequences of having a warrant out for their arrest, and
so they may not even seek to return for their criminal hearings.

Mexico

Attorney heard about the incident from client’s family members,
who were prospective clients.

Mexico

Stop took place in Anoka County.

56

MO

Jan-10

Client was pulled over for a traffic violation and was arrested for driving
without a license and lack of insurance

Y

Charged and convicted
of driving without a
license and without
insurance.

Unknown

Y

P

USC spouse,
USC children

None

Stop took place in St. Louis County.

Mexico

57

MO

Oct-10

Client was pulled over for speeding and given a ticket.

N*

Ticketed for speeding

Sheriff’s deputy
notified ICE

Y

P

USC child

None

When client went to court to pay his speeding ticket, he was
detained by Perryville Sheriff’s Office for immigration reasons only.
Client is seeking cancellation of removal and a U visa.

Mexico

58

MO

May-09

Client was pulled over for speeding, and then arrested for driving
without a license.

Y

Charged and convicted
of driving without a
license

Police called ICE.

Y

VD

None

Stop took place in Webster Groves.

Mexico

59

MO

Sep-09

Client was pulled over for a traffic violation.

Y

P

USC children

60

MO

May-09

Client was pulled over for a traffic violation.

Y

VD

USC child

30

61

MO

Feb-09

Client was arrested for driving without a license after being involved in
a traffic accident.

Y

Charged and convicted
of driving without a
license

62

MO

Mar-09

A rock spun off of the client’s truck tire and hit the window of a police
car. The incident was registered as a traffic accident and client was
arrested for driving without a license.

Y

Charged and convicted
of driving without a
license

Police contacted ICE

Y

P

63

MO

Jan-10

Client was involved in a traffic accident and was stopped and arrested
for leaving the scene of an accident, driving without a license, and
failing to keep proper lookout.

Y

Charged and convicted
of various traffic offenses

Police contacted ICE

Y

VD

64

MO

Apr-10

Client was pulled over for violating a tinted windows regulation and
was arrested for driving without a license.

Y

Charged and convicted
of driving without a
license; spent 59 days
in jail.

Police contacted ICE

Y

T

65

MO

Jan-09

Client was stopped for turning and passing on a private road and was
arrested for driving without a license and lack of insurance.

Y

Charged and convicted
of driving without a
license and driving
without insurance

Police contacted ICE

Y

P

66

MO

Feb-10

Client was pulled over for a traffic violation and arrested for driving
without a license.

Y

Charged and convicted
of driving without a
license

Police contacted ICE

Y

P

67

MO

2009

Client was pulled over for a traffic violation and arrested for driving
without a license and no valid ID.

Y

Charged and convicted
of driving without a
license

Y

P

68

MO

2009

Client was pulled over for a traffic violation and arrested for driving
without a license.

Y

Charged and convicted
of driving without a
license

Y

P

KEY
Y = Yes

N = No

Police contacted ICE

Y

VD

Police contacted ICE

Minor traffic
violations

Mexico

None

Mexico

None
USC
siblings, LPR
mother

Minor traffic
violations

None

USC children

USC child

El Salvador

Client is potential DREAM Act candidate.
Stop took place in Clarkton.

Mexico

Incident took place in Creve Coure.

Mexico

Stop took place in Scott County.

Mexico

None

Stop took place in Ballwin.

Mexico

None

Stop took place in Ballwin.

Mexico

1
misdemeanor
trespassing,
1 DUI

None

Minor traffic
violations

B = Bond
ROR = Released on own recognizance P=case pending R=removed T=case terminated
AILA InfoNet
Doc.
No. 11081609. (Posted 08/16/11)

ANC = Arrested, but no criminal charge

Stop took place in Florissant.

Mexico

Stop took place in Ballwin.

VD=voluntary departure

Mexico

* = see “Notes” for more information

APPENDIX B—COMPREHENSIVE CASE CHART

Immigration Enforcement Off Target: Minor Offenses with Major Consequences

How was DHS
notified?

Case
ID #

Case
ID #

State

Date

69

MS

Jun-09

Client was pulled over by an unmarked police car for no apparent
reason. He was not speeding. The police were extremely rude to him.
He did not have ID, so he was arrested.

Mar-10

Client was pulled over when the police officer recognized him as
someone with a revoked license. He was arrested for driving with
license revoked.

70

NC

Description of initial encounter with LLEA

Criminal case status

How was DHS
notified?

Detainer

Detention

Imm
case
status

Y

No charges pursued, no
convictions

Called ICE from roadside when couldn’t
present valid ID

Y

Y, B

P

3 USC
children

None

Y

Charged and convicted
of driving while license
revoked; spent 45 days
in jail.

ICE agent was working
in the jail

P

2 USC
daughters

Traffic violations, *

Y

Charged with resisting
arrest, identity theft and
making a false report
to the police - criminal
case is ongoing

Gaston County
Sheriff’s Office contacted ICE Charlotte
Field Office after
fingerprinting

Y

USC or LPR
family

Past
Convictions

Y

Y, 2 months

71

NC

Apr-11

72

NC

2010

Client was walking on UNC campus at 2am when a campus police
officer approached him and asked for his name and why he was there.
Client refused to tell the officer his name and was arrested for resisting
and obstructing.

Y

No charges pursued, no
convictions

Attorney contacted
Sheriff and negotiated
client’s release before
ICE picked him up.

Y

73

NC

May-11

Client was at Wal-Mart with his cousin. The cousin opened a box of
condoms, put it back on the shelf, and walked away. The store called
the police and both client and the cousin were arrested. There were no
charges for shoplifting. Attorney is not sure why the client was arrested.

Y

No charges pursued, no
convictions

Unknown

Y

Apr-11

Client was pulled over after making an illegal U-turn, and cited for driving without a license. Client had a valid license, but did not have it with
him at the time. He was not arrested. Later, he went to court to show his
license and was detained by ICE agents.

N

Citation for U-turn, but
client was detained by
ICE before matter was
resolved

Client went to court
appearance to show
valid license; was met
by ICE agents as he
exited courthouse

Apr-11

Client was at a worksite with a group of Hispanic men at 1 or 2am when
he was approached by police and asked for ID. When he could not
produce any, the police told client that he was being arrested because
he did not have ID.

ANC

Charged and held for
outstanding child support. Held for 1 week in
jail and released after he
paid the support.

Called by police

Y

Ticketed for expired
insurance

ICE called (attorney
not sure if local police
called by phone or
computer notification).

Y

P

1 traffic ticket,
1 driving
without a
seatbelt

Y

Charges dropped, no
conviction

Criminal Alien
Program

Y

P

None

75

NH

NJ

76

NJ

Aug-08

Police claim that they pulled over client after seeing an expired insurance sticker on his car. Attorney believes stop was suspect because
during cross-examination, the officer gave conflicting information
about how far away the car was when he saw the sticker.

77

NJ

Oct-09

Client’s wife called the police after a domestic dispute, and the client
was arrested for assault.

Nationality

Mexico
Client has lived in the U.S. for over 15 years.

Client was sitting in a parked car outside of a convenience store. Someone from the store called the police, who then came and questioned
her. When she was approached by the police and asked her name,
client was scared so she gave them a nickname. When she realized
the police were serious about questioning her, she gave them her bag
and her valid passport. A police officer then removed her from the
car and handcuffed her for “lying” by giving them the nickname. The
police officer said, “You fucking Mexicans are all alike.” The client then
said to the police officer, “You are a racist bitch.” The officer smashed
the client’s face into the ground and charged her with resisting arrest,
identity theft and making a false report to the police.

74

Notes

Previous traffic violations include: failure to wear a seatbelt, driving
without a license, driving without insurance, 2 speeding, 3 driving
while license revoked.

El Salvador

Client paid state bond on the criminal charges, and was transferred
to ICE about 48 hours later.
Y, 1 week, B

N, ROR

P

None

*

None

P

None

Client, a 20-year-old woman, has lived in the U.S. since she was
2 years old and never had any contact with law enforcement. She
graduated from high school and volunteers regularly in her community. She is 245(i) eligible. Currently, ICE has denied a request
for prosecutorial discretion.
Attorney negotiated with Sheriff and client was released before
he could be transferred to ICE. Attorney thinks the campus police
officer was being overly cautious because it was his first or second
day of work.

Incident took place in Wake County, which has Secure Communities and a 287(g) agreement.

Mexico

Venezuela

Mexico

Client entered the country legally on an F-1 visa, and had a valid
MA driver’s license.
N, *

Y

Y, 1
month, B

Y

P

USC wife,
USC siblings

P

3 USC
children, 1
USC brother

Traffic violations*

His previous traffic violations were for failure to maintain registration, tinted windows, and 3 speeding tickets over a span of 9 years.
He had never appeared in court before because he had paid his
tickets in a timely manner.

Kenya

Client’s child support matter was cleared up within a matter of
days.
None

Client has lived in the U.S. for 24 years.

Peru

Stop in Patterson, NJ

Motion to suppress on appeal to the BIA.

Client, who is 19 years old, has lived in the U.S. since he was a
young child.

31

Client was stopped because the police mistakenly believed the car he
was driving was stolen.

78

NJ

Nov-10

Car was stolen about 2 months before, but was recovered by the
Newark police department and returned to the owner (client’s uncle).
However, the Newark police failed to update the state’s records. Client
was arrested by Montclair police and taken to the station.

On the day of his arrest, client was transferred to Essex County Jail
and detained for about 2 weeks. He was held in solitary confinement for over 10 days.
Y, *

No charges pursued, no
convictions

ICE called by police
at station

Y

Y, 2 weeks

P

USC
girlfriend

None

After the arrest, the Montclair police contacted the Newark police, who
verified client’s story. Client was questioned about a social security
number and his immigration status.

Essex County Jail rents beds to ICE, but only for criminal aliens.
Non-criminal aliens are housed at the Elizabeth Detention Center.
Client was originally placed in Essex because it was a Saturday
and normally would have been transferred out within a day or two,
but was kept in solitary confinement there because of his reaction
to a TB test.

Uruguay

Client is seeking a U visa because he was the victim of an assault
and testified during the trial.

KEY
Y = Yes

N = No

B = Bond
ROR = Released on own recognizance P=case pending R=removed T=case terminated
AILA InfoNet
Doc.
No. 11081609. (Posted 08/16/11)

ANC = Arrested, but no criminal charge

VD=voluntary departure

* = see “Notes” for more information

APPENDIX B – COMPREHENSIVE CASE CHART

Immigration Enforcement Off Target: Minor Offenses with Major Consequences

Arrest

Case
ID #

79

State

NJ

Date

Sep-09

Description of initial encounter with LLEA

Client took his daughter to the emergency room because she was
having an epileptic seizure. However, the hospital staff accused him
of assaulting her because initially, they did not believe that she was
epileptic. He was arrested for endangering the welfare of a child.

Arrest

Criminal case status

How was DHS
notified?

Detainer

Y

Charged with
endangering the welfare
of a child; prosecutor
withdrew the charge 6
months later

Unknown but it is not
unusual for the police
to contact ICE

Unknown

Detention

Imm
case
status

T

USC or LPR
family

USC
wife, USC
daughter

Past
Convictions

None

Notes

Nationality

Client entered the U.S. with a visa. He is applying for adjustment of
status through his USC wife.

Costa Rica

Client came to the U.S. when he was12 years old.

80

NJ

early
2009

Client was stopped on the street for loitering and arrested. No charges
were filed, and a public records request showed that there was no
record of why the client was arrested.

ANC

No charges, no
convictions*

ICE notified by local
police

*

Y, 8 months

P

Client was held in jail without charges for 7 days before being
transferred to ICE custody. He was in immigration detention for
8 months and was released only after extensive advocacy by
attorneys and advocates.

Middle East

The incident occurred in Atlantic City.

81

82

83

NJ

NM

NM

07-’08

Client was arrested for DUI. Client insisted he had not been drinking
and that he never drinks.

Mar-11

A wife and husband, together with their 6-month-old USC son, were
passengers in a car that was stopped for speeding. The driver, who
had a green card, was ticketed. However, the police officer demanded
identification from the passengers as well, and they arrested them

Sep-07

Client was the victim of a hit and run car accident while driving his
boss’ truck. He called the police to report the accident. When the officer-a supervisor from the sheriff’s office--arrived, he repeatedly asked the
client if he was “illegal.” Client answered that he was not mirandized
and answered “no” repeatedly until he felt compelled to respond “yes,”
at which point he was arrested.

Y

ANC

ANC

Charged with DUI, but
removed from U.S.
before the criminal
hearing

Unknown

No charges, no
convictions

ICE notified by police
from roadside

Charged and convicted
of illegal reentry; sentenced to 13 months but
served less.

R, *

Husband: Y
Wife: N

Husband: Y
Wife: N,
ROR

P

Unknown

USC son (6
months old)

When attorney received discovery from the defense counsel a
month later, he saw that the breathalyzer test had registered “0.0.”
However, client had already been removed by that time.
The couple, who are in their mid 20s, have lived in the U.S. for
more than 10 years without ever having any trouble with the law.

None

The husband has been in immigration detention since the stop.
Bond was denied. The wife was released on her own recognizance
with their baby and was issued an NTA.

India

Client came to U.S. as an LPR when he was 8 years old, but lost his
status and was deported in his late teens after being convicted of
cocaine distribution. His defense attorney advised him to plea to the
charge, even though he and his roommates--his codefendants--only
had a small amount of cocaine for personal use. When the client went
to court for sentencing and was told of the immigration consequences,
he tried to back out of the plea deal, but the judge wouldn’t allow it.
Sheriff’s office notified ICE

R

USC child,
LPR spouse

1 cocaine
distribution, *

Client was held for ICE who recommended prosecution for illegal entry.

Client returned to the U.S. because his whole family was here, got
married, had a child, worked 7 days a week in construction, and had no
further involvement with drugs.

Mexico

Client and his LPR wife owned their home, but while he was in custody,
they lost it. His wife ended up moving to Ciudad Juarez with their child,
even though both had legal status in the U.S.
At the time of client’s arrest, Bernalillo County sheriff’s manual
prohibited questioning about immigration status.

84

NM

Jan-09

Client pulled into a store parking lot, saw that the store was closed,
and began to back out of the parking lot. A sheriff’s deputy pulled him
over as he backed out even though there was no moving violation and
no reason is listed in the police database for the stop. The deputy gave
no reason for the stop but requested a driver’s license and proof of
insurance. The deputy ran the client’s information and found that he had
previously been deported.

Y

Charged and convicted
of illegal reentry; served
15 months in jail.

Client was not charged with anything, but was arrested and held on a
“courtesy hold” for immigration.

32
85

NM

May-11

Client was burning leaves on his property when a sheriff’s deputy
approached him. Client explained he had asked city officials if he needed a
permit and was told a permit was not needed. The deputy asked twice for his
social security number. Client answered that he didn’t have one. The deputy
then wrote him a citation for burning leaves without a permit and left.

NY

Jul-09

Police arrested client for sitting on the subway steps in violation of
NY City Code.

KEY
Y = Yes

N = No

Y

R

N

*

Attorney believes
the sheriff’s deputy
notified ICE

N

N

R

Y

Charged with sitting on
subway steps, unknown
if case was resolved

ICE picked up client at
criminal arraignment

N

Y

R

Two hours later, plainclothes ICE agents came to his house in unmarked
cars and said they were investigating a claim that the client was trafficking
people in his home. Client denied the claim, but ICE took him into custody.

86

Sheriff’s deputy called
ICE from the roadside
and again from the
jail to notify ICE that
they were holding
someone

1 marijuana
trafficking (10
years ago)

None

None

B = Bond
ROR = Released on own recognizance P=case pending R=removed T=case terminated
AILA InfoNet
Doc.
No. 11081609. (Posted 08/16/11)

ANC = Arrested, but no criminal charge

Client was held in jail on a courtesy hold for one day and an
additional 3 days on a detainer.

Mexico

Incident occurred in the Albuquerque area.

Client has lived in the U.S. for over 15 years. At the time of the
arrest, he had an immigration attorney who had been working to
adjust his status.
The case took place in Dona Ana County. No permit is required
to burn leaves in Dona Ana County, so it appears the citation
was invalid.
Once taken into ICE custody, client was removed because of a prior
expedited removal order from when he was 17 years old. His mother
has been granted a U visa, and client was approved as a derivative.
He is now seeking to reenter the country as a U visa derivative.

VD=voluntary departure

Mexico

Mexico

* = see “Notes” for more information

APPENDIX B—COMPREHENSIVE CASE CHART

Immigration Enforcement Off Target: Minor Offenses with Major Consequences

2 misdemeanors
(non-violent,
not drugrelated)

Case
ID #

87

89

90

91

92

NY

NY

NY

NY

PA

PA

Date

Description of initial encounter with LLEA

early
2011

Client, who is over 21, was in a bar when a fight broke out. The police
arrested everyone who was in the area of the bar where the fight occurred, regardless of whether or not they had been involved. Client was
not involved in the fight, but he was arrested for disorderly conduct.

late 2010

Arrest

Client was a passenger in car when the driver, a USC, was pulled over
for speeding.

Feb-11

Client was pulled over for reckless driving. He was arrested for reckless
driving and fleeing, both misdemeanors.

Dec-10

Client was stopped for having a broken headlight. He was arrested for
driving without a license when the officer discovered that his license
had been suspended for an unpaid parking ticket. Client was unaware
of the parking ticket.

Aug-10

Client was walking down the street when approached by police who
asked to search his bag. The police never explained why he was
stopped.

Nov-09

6 men were driving home from work when police pulled over the car
and asked for name, date of birth, and driver’s license. At the time, no
reason was given for the stop. The police report states that the light over
the van’s license plate was out, but the driver contests this and no ticket
was issued for the light. The driver was taken out and questioned about
his immigration status.

Y

ANC

Criminal case status

Ticketed for disorderly
conduct

No charges, no
convictions

How was DHS
notified?

ICE called from police
station

ICE called by the
police at roadside

Detainer

Y

Y

Detention

Y, B

Y, B

Imm
case
status

P, *

P, *

Y

Criminal case is
ongoing

Unknown

Y

Charged and convicted
of driving without a
license and aggravated
unlicensed operation
of a motor vehicle, 3rd
degree

Local police notified
ICE

No charges, no
convictions

Police called ICE after
searching client’s bag.
ICE interviewed him
over the phone.

Request
by phone

P

Police called ICE at
the roadside. ICE
interviewed the men
over the phone.

Request
by phone

P, *

ANC

ANC

Driver: Charged with
driving without a
license
Passengers: no
charges, no convictions

The men were all taken into custody, but faced no criminal charges except for the driver who was arrested for driving without a license.

Y

Y, 3 months

N, ROR

*

USC or LPR
family

USC wife

USC
husband

USC wife

Past
Convictions

None

None

None

None

R

None

Driver: 2
USC children

None

P

Yes

None

Nov-09

Police state that they pulled client over for a broken brake light. Client
disputes that the brake light was broken.

Y

No charges pursued, no
convictions

Police called ICE from
station

Y

94

PA

Apr-11

Client was stopped at a DUI checkpoint and told to take a breathalyzer
test, which did not show him to be over the legal limit for blood alcohol.
However, he was sent to the hospital for a further blood test, which
showed him to be at 0.8 BAL, just over the legal limit. Client was then
arrested for DUI.

Y

Charged and convicted
of DUI

Unclear, but believe
police contacted ICE
from station.

Y

Y, 3
weeks, B

P

USC sibling

95

PA

Summer
2010

Police came to client’s home to tell him that he had an unpaid parking
ticket, which the client wasn’t aware of and was willing to pay off. Police
arrested him and took him away in handcuffs in front of his 6-year-old
daughter.

Y

Paid a fine for the
parking ticket

ICE contacted from
police station.

Y

Y, 2
weeks, B

P

2 USC
children

None

PA

Summer
2010

Client was asked by a friend, who has since returned to Mexico, to help
transfer ownership of the friend’s car to a third person. When the client
went to the clerk’s office, the clerk accused him of trying to use false
identification, even though client was not trying to pass himself off as
his friend and in fact had his own ID with him. Client was arrested for
use of false identification.

Y

Charged with use of
false identification but
pled guilty to disorderly
conduct*

ICE contacted from
police station.

Y

Y, 2 weeks

P

2 USC
children

None

33

PA

KEY
Y = Yes

N = No

Client is a college student. His mother is a lawful permanent
resident. Client was waiting to get his green card through a relative
petition at the time of the arrest.
Since the arrest, client has married his fiancée and he will apply to
adjust status through her. However, removal proceedings have not
yet been terminated.
Client entered the U.S. with an H-1B visa, which had expired.
Client believes she was asked for identification and proof of status
at the traffic stop because of racial profiling.
Since the arrest, client has married her fiancé, and will adjust
status through him. However, removal proceedings have not yet
been terminated.
At the time of his arrest, client had a pending TPS application,
which had been delayed for an unknown reason (USCIS may have
lost the paperwork).
Client was held in immigration detention for 3 months. Advocacy
from a local Congresswoman led to the TPS application being
found and the client was released on bond.
Client owned a garment factory in NY. He has since closed his
business and laid off all his employees.

Police did not give client any reason for searching his bag. Police
are claiming now that the client was stopped because he matched
the descriptions of a robbery suspect. However, at the time of the
encounter, client was not asked any questions about a robbery, and
there is no mention of him being a suspect in the police report.
Incident occurred in Philadelphia.

Brazil

Philippines

Haiti

China

withheld

The driver is seeking cancellation of removal, and 3 of the passengers have a pending motion to suppress.

Client was driving his boss’ car at the time. The next day, his boss
went to claim his car at the impound lot, and swore in an affidavit
that the brake lights were working. There was no ticket issued
for the light.

1 prior juvenile offense

Mexico

Client is seeking cancellation of removal. Daughter has a
congenital heart problem.

Mexico

Client is seeking cancellation of removal.

B = Bond
ROR = Released on own recognizance P=case pending R=removed T=case terminated
AILA InfoNet
Doc.
No. 11081609. (Posted 08/16/11)

ANC = Arrested, but no criminal charge

Nationality

Client was ordered removed 10 years ago, and he is waiting for the
Chinese embassy to issue travel documents.

93

96

Notes

Client eventually pled guilty to disorderly conduct because he had
been held on the criminal charge for 6 months without ever going
to trial. He was not sentenced to any jail time.

VD=voluntary departure

Mexico

* = see “Notes” for more information

APPENDIX B—COMPREHENSIVE
B – COMPREHENSIVE CASE CHART

Immigration Enforcement Off Target: Minor Offenses with Major Consequences

88

State

Case
ID #

State

Date

97

PA

Summer
2010

Client was involved in a minor car accident and police asked for her
driver’s license. When she presented police with a Mexican ID card,
the officer asked if she was “illegal.” She said yes, and the police
contacted ICE.

N

98

PA

Jun-11

Client was one of four passengers in a car pulled over by state
police for violating the state’s tinted windows regulation. Driver and
passengers were asked for ID. Client was arrested but only for lack of
immigration status.

ANC

PA

2006

Arrest

Husband and wife were pulled over. They were not given any reason for
the stop. The husband, who was driving, had a driver’s license. They
were then both arrested and brought to the local police station. The
police report stated that they were arrested for a traffic infraction, but
they never received a ticket and were never told why they were arrested.

Y

How was DHS
notified?

Detainer

No charges, no
convictions

Police called ICE when
client said she was not
in status.

N

No charges, no
conviction

State Police contacted
ICE from the roadside

Y

Criminal case status

No charges pursued, no
convictions*

Police notified ICE

Detention

Imm
case
status

VD

Y

N, ROR

USC or LPR
family
USC
husband,
USC child

R

R

Past
Convictions

None

Notes

Client has USC spouse and child. She was not detained because
she had a young child, but an NTA was issued.

None

USC child

Husband:
None (1
charge of
driving with
license
suspended dismissed 10
years ago)
Wife: None

Nationality

Mexico

Mexico

Both husband and wife had lived in the U.S. for about 15 years at
the time of the arrest.
They were held for several hours at the station, and then the police
took “bail” from them for the amount of money they had on them
before transferring them to ICE custody.
Former attorney had conceded all charges on the NTA and had the
case transferred to NY, where the couple lived. Current attorney
requested that the NTA be dismissed because of the many defects
with the underlying criminal arrest, but the IJ denied the motion
because the former attorney already had already conceded the
charges.

Mexico

Cited for unattended vehicle (leaving an unattended vehicle
running).

100

SC

May-11

Client left his vehicle running while he went to a convenience store to
get coffee. When he exited, a police officer asked him for his driver’s
license. He was arrested for driving without a license and unattended
vehicle.

Y

Charged and convicted
of driving without a
license and unattended
vehicle, *

Jail notified ICE

Y

Y, 5 days

P

34

101

SC

Sep-10

Client was stopped for a traffic violation and asked for a driver’s license.
The client was arrested for driving without a license.

Y

Charged with driving
without a license.
Criminal case is
ongoing.

Police contacted ICE

Y

Y, 1 week

P

102

South
U.S.

Spring
2010

Client was pulled over for not using a turn signal. During the course of
the stop, she was arrested for having fake driver’s license, although she
never presented it to the police.

Y

Criminal case is
ongoing

ICE notified from
police station

Y

N, ROR

P

103

TX

Nov-09

Client was stopped by state police for a broken taillight and they
discovered that he had a warrant for unpaid tickets.

Y

Paid a fine for taillight
and parking tickets

After arrest, he was
taken to the local
police who contacted
ICE

Y

Y, 4 days, B

P

Mar-10

Client was attending a music festival when she got into an argument
with a police officer. The officer requested that she step back from
where she was standing. She disputed that she had to step back, and
the officer asked her for ID. She was arrested (attorney is unsure of
the charge).

104

105

TX

TX

Feb-08

Client was driving a truck with several other Latino men as passengers.
The truck pulled over near a worksite in northern TX for no apparent
reason. Client was not speeding, and he was never charged with any
offense. Attorney believes he was stopped due to racial profiling. He
was asked directly if he had immigration papers. When he could not
provide any, he was arrested and turned over to immigration.

KEY
Y = Yes

N = No

Y

Y

Charges dropped, no
conviction

No charges pursued, no
convictions

ICE notified from
police station

Called ICE from
roadside

Y

ROR

USC wife,
4 USC
children

1 misdemeanor DV,
1 signing a
false affidavit,
several driving
without
license

None

USC children

None

None

T

None

Mexico

Client was unable to contest the driving without a license and unattended vehicle charges. He paid bail but instead of being released,
he was transferred to ICE custody. Because he was in immigration
detention, he was unable to attend his traffic court hearing. His bail
was forfeited and he was convicted of the charges in absentia.

The incident occurred in Charleston.

Mexico

Longtime resident of the U.S.

Mexico

Client is a DREAM eligible college student and has been in the
U.S. since he was 10 years old. He is seeking deferred action.
Client is a DREAM eligible college student, who entered the U.S.
on a tourist visa as a child. The petition her USC uncle filed for her
father is pending.

Mexico

Mexico

Client’s removal proceedings were terminated, and she was
granted deferred action.

Y

Y, B

P

3 USC
daughters

None

B = Bond
ROR = Released on own recognizance P=case pending R=removed T=case terminated
AILA InfoNet
Doc.
No. 11081609. (Posted 08/16/11)

ANC = Arrested, but no criminal charge

Client was held in ICE custody for 5 extra days once he was
granted bond. His wife went to pay bond the day after the bond
hearing. However, she arrived at 2pm and ICE stops collecting
bond at 1:30pm. When she returned the next day, a Friday, he had
been transferred by ICE to another state. She was told to return
to pay the bond the following Tuesday because it was a holiday
weekend.

Client has lived in the U.S. for well over 10 years. His daughters
are honor roll students, and he is a leader in his church. The IJ,
noting his excellent character, stated that the client is exactly the
sort of person who should be allowed to stay in the U.S. and that
he would make an ideal citizen. However, the IJ stated that the law
does not grant him that authority.

Mexico

The case is on appeal to the BIA.

VD=voluntary departure

* = see “Notes” for more information

APPENDIX B—COMPREHENSIVE CASE CHART

Immigration Enforcement Off Target: Minor Offenses with Major Consequences

99

Description of initial encounter with LLEA

Detention

Imm
case
status

Police contacted ICE
from the jail

Y

Y, 2 weeks

P

Charged and convicted
of driving without a
license; 3 days in jail.

Police contacted ICE
from the jail

Y

Y, several
weeks

P

Y

No charges pursued, no
convictions

Police called ICE
from jail.

Y

Y, several
days

P

Y

No charges pursued, no
convictions

Police called ICE from
the station

Y

N, B

P

State

Date

Description of initial encounter with LLEA

Arrest

Criminal case status

106

TX

Aug-10

Client was in a minor car accident. When the police arrived, they asked
to see his license. He was arrested for driving without a license.

Y

Charged and convicted
of driving without a
license; 3 days in jail.

107

TX

Aug-10

Client was driving home from his job as a night janitor at 2am. Police pulled
him over for no apparent reason (he was not speeding), and then found that
he had no driver’s license. He was arrested for driving without a license.

Y

Mar-11

Client was sideswiped by another driver, who had been trying to make
a right turn. When the police arrived at the scene of the car accident,
the officer accused client of being at fault. The officer said that since the
client didn’t have a license, he must not know how to drive, and asked
if client was a citizen. When the client did not answer, he asked “are you
legal or illegal,” and the client said, “illegal.” The other driver, who was
at fault, was let go. Client was arrested for driving without a license.

Jan-09

Client was stopped by the police after she allegedly rolled through a
stop sign. She was asked for her driver’s license and insurance. She
produced insurance, but had no driver’s license. She was arrested,
handcuffed, put in police car, and then turned over to ICE through CAP.
The arresting offense was driving without a license.

108

109

TX

TX

110

TX

Jun-10

Client and her family were visiting a small town in Texas to go to a
quinceañera (15th birthday celebration). The family was in their car and
the husband, an LPR, was driving when a sheriff’s deputy pulled the
car over because the light over the license plate was out. The deputy
asked the client’s husband for his license, which he supplied, and proof
of immigration status, which he also showed. The deputy then asked
for IDs from everyone in the car. Client showed her valid Texas ID card.
The deputy then asked her for proof of her immigration status, which
she did not have. The deputy arrested her but did not charge her with
anything. The couple’s children were in the car with them.

111

TX

Jun-10

Client was leaving a convenience store when he was detained by a
sheriff’s deputy. He was not given a reason for the stop. The deputy
requested ID, and when the client could not produce one, he was
arrested for lack of ID.

Y

Client, who was a teenager, was driving with several friends who were
also Latino. They were pulled over for no apparent reason and client
was arrested for driving without a license.

Y

112

TX

Jan-10

How was DHS
notified?

USC or LPR
family

USC
daughter

USC father

Past
Convictions

Notes

Nationality

None

Client has lived in the U.S. since 2001 and graduated from high
school here.

Mexico

None

Client has lived in the U.S. since 2000. He is applying for cancellation of removal.

Guatemala

None

Client has lived in the U.S. since he was a teenager, graduated from
high school in the U.S., and is active as a leader in his church’s
youth group.

None

Mexico

Mexico

Client is a stay at home mom who does not drive. The client’s
10-year-old daughter is receiving mental health counseling as a
result of witnessing the mother’s arrest.
No charges, no
convictions*

Sheriff called CBP

*

No charges pursued, no
convictions

Sheriff called CBP

*

Charged and convicted
of driving without a
license

Police called ICE at
the station

Y

N

Ticketed for not having
lights on

Sheriff’s deputy
called CBP from the
roadside

N

N, B

P, *

ICE notified by police

Y

Y, 6 weeks

P

ANC

N, ROR

P

LPR husband; USC
daughter

VD

None

Unknown

It is not known whether a detainer was issued, however, client was
held for 3 days by the sheriff until CBP came to pick her up. Attorney has called the sheriff’s office several times to try to find out
what offense the client was arrested for, and the people he spoke
to at the sheriff’s office admitted that there was no criminal offense.
The stop took place in Eldorado.
The deputy took client to the sheriff’s office, and client was detained
until CBP picked him up. It is unknown if a detainer was issued.

Mexico

Mexico

The incident took place in Eldorado.

N, B

P

None

Client was a teenager at the time of his arrest. He graduated from
high school in the U.S. and would be a DREAM Act candidate.

Mexico

This incident took place in Bell County.

TX

Jun-11

114

VA

May-11

Client was involved in a shouting match outside of a restaurant and was
arrested for public intoxication.

Y

Paid a $50 fine,
so the hearing on
public intoxication was
waived, *.

115

VA

Dec-10

Client was pulled over and arrested for DUI.

Y

Charged and convicted
of DUI. Received 30 day
suspended sentence.

Y

Y

P

2 USC
daughters,
3 USC
brothers

1 DUI, 1
cocaine
possession
(1998)

Client is a longtime resident of the U.S. who tried to obtain legal
status in the early 1990s. Stop took place in Fairfax.

Guatemala

116

VA

Feb-11

Client was arrested for being drunk in public.

Y

Charged and convicted
of being drunk in public
and paid a fine

Y

Y

P

4 USC
children

1 DUI (2007)

Client is a longtime resident of the U.S. who arrived in 1991 and
has been gainfully employed since entering.

Mexico

117

VA

May-10

Client was pulled over for a traffic violation and arrested for driving
without a license.

Y

Charged and convicted
of driving without a
license; Received
suspended sentence.

Y

Y, 1.5
months

P

USC wife,
2 USC
children, LPR
mother

None

Client has lived in the U.S. since 1990. One of his USC children
has cancer.

El Salvador

35

113

Client was pulled over by a sheriff’s deputy for no apparent reason. The
deputy initially asked, “Where is your passport?” Client asked why he had
been stopped, and the deputy told him that it was because his lights were
not on, even though it was already light out. At the deputy’s request, client
demonstrated that his car lights and signals were working. The deputy still
wrote a ticket, but on the ticket recorded the time incorrectly as 6:45am so
that it would be more believable that the client should have had his lights
on. The actual time of the stop was 7:15am. The deputy then called CBP
and held client at the side of the road until CBP arrived.

KEY
Y = Yes

N = No

USC wife

None

None

B = Bond
ROR = Released on own recognizance P=case pending R=removed T=case terminated
AILA InfoNet
Doc.
No. 11081609. (Posted 08/16/11)

ANC = Arrested, but no criminal charge

Client has lived in the U.S. for about 15 years and is seeking to
adjust status.

Pending adjustment of status petition (derivative beneficiary of her
husband’s employment petition).
Client was held in jail overnight, but did not serve any time for the
public intoxication conviction.

VD=voluntary departure

Mexico

South Korea

* = see “Notes” for more information

APPENDIX B—COMPREHENSIVE
B – COMPREHENSIVE CASE CHART

Immigration Enforcement Off Target: Minor Offenses with Major Consequences

Detainer

Case
ID #

Case
ID #

118

VA

VA

Date

Description of initial encounter with LLEA

Arrest

Nov-09

Two clients were in a residence when the police came to the house
looking for someone. Without the consent of the owner, the police entered the home and asked the men inside for proof of their immigration
status. When the clients could not produce any, the police called ICE
and then arrested the men for allegedly being gang members.

Jun-10

Police mistook client for a different person for whom they had an arrest
warrant. Client was arrested and taken to the station and asked about
his immigration status.

Criminal case status

Y

No charges pursued, no
convictions

Y

No charges pursued, no
convictions

Y

Charged and convicted
of driving without a
license; spent 10 days
in jail.

How was DHS
notified?

Police called ICE from
the house

Unknown

Detainer

N

Detention

Y, 2 months

Y

Imm
case
status

Client
A: VD
Client
B:P

P

USC or LPR
family

Client B:
USC spouse

3 USC
children

Past
Convictions

Client A: None
Client B:
None

None

Notes

Nationality

When the attorney called the police station to ask for the men’s
release, the arresting officer said that the clients were self-admitted
gang members. The clients maintain that they are not gang members.
When the attorney asked for evidence of their gang membership, the
officer replied that the two men had Spanish nicknames. The attorney
explained that the two nicknames meant “skinny” and “whitey” and
were what their friends called the men because one was thin and the
other was pale. The nicknames had no gang affiliation.

El Salvador

Attorney thinks that mistaken arrest likely took place because client
does not understand much English and so could not explain to the
police that he was not the person they were looking for. Arrest took
place in Arlington, VA.

Honduras

Client had a prior order of deportation, but he was unaware of it.

120

121

VA

VA

2010

Mar-10

Client was stopped for a traffic violation and arrested for driving without
a license.

Client was arrested for public intoxication.

Y

122

VT

May-11

6 construction workers were riding in a van driven by a USC. The van
was pulled over for speeding. Clients were detained by the police.

123

WA

May-11

Client pulled over for talking on the phone while driving.

124

WA

Jan-11

Two clients were stopped by a park ranger for cutting plants in a national forest. They were arrested for cutting and theft of forest products.

125

WA

Mar-11

Client was stopped for speeding. When the officer ran his record, he
saw that he had a suspended license and owed money on that charge.
He was arrested for driving while license suspended.

36

126

WV

Apr-10

Two clients were driving home from work in a car with five other Hispanic men when a state trooper pulled the car over. The trooper did not
say why he pulled them over, but requested proof of their immigration
status. The police report states that the car failed to stop at a stop sign
but attorney reports that there is no stop sign at scene.

Charged with public
intoxication and paid
a fine

Y

Turned over to ICE
after arrest by police.
Locality has a 287(g)
agreement

P

USC spouse,
USC sister,
LPR brother

1 marijuana
possession

Stop took place in Prince William County

Brazil

Client was taken briefly into ICE custody and released with an
order of supervision and ankle monitor.
*

N

ANC

No charges, no
convictions

Police called ICE at the
roadside

Y

N

N

No charges, no
convictions

Police officer who
pulled over client
requested that CBP
assist with identifying
client at the scene

Y

Y

Y

No charges pursued, no
convictions

ICE contacted from
county jail on day
of arrest

Y

Y, 2
weeks, *

Y

Charged and convicted
of driving while license
suspended; spent 3
weeks in jail.

Jail contacted ICE
while being held
overnight

Y

Y, 1 month

N

No charges, no
convictions

ICE called from the
roadside

N

Y

No charges pursued, no
convictions

ICE notified through
Secure Communities

Y

VD

One
client:
VD
Other
clients:
P

1 brother w/
TPS

1 public
intoxication

Several have
USC spouse
& children

None

Guatemala

None

Guatemala

P

Client
A: R

Client A:
USC sibling

Client
B: P

Client B:
USC child,
USC sibling

P

USC wife,
USC children

P

Client A: None
Client B:
None, 1
removal
order

Most people who are intoxicated in public simply get a citation.

El Salvador

Attorney sees people in this situation at least once a month at open
intake hours, but typically there is no relief available and they have
already admitted alienage.

Client A: He was not granted a bond and so agreed to removal.
Client B: He has been in the U.S. since 2000 and is applying for
cancellation of removal. He has been released on bond.

El Salvador

5 suspended
license
charges over
several years

El Salvador

None

withheld

The state trooper took the clients to a local ICE holding facility.

127

Withheld

Abusive boyfriend falsely claimed that client attacked him. The police
arrested her, according to their standard procedure, but did not charge
her as soon as they saw the case history of abuse by the boyfriend. The
police planned to release her; however, ICE had already been notified.

KEY
Y = Yes

N = No

N

R

2 USC
children

None

B = Bond
ROR = Released on own recognizance P=case pending R=removed T=case terminated
AILA InfoNet
Doc.
No. 11081609. (Posted 08/16/11)

ANC = Arrested, but no criminal charge

Client has a removal order from 10 years ago.

VD=voluntary departure

Mexico

* = see “Notes” for more information

APPENDIX B—COMPREHENSIVE CASE CHART

Immigration Enforcement Off Target: Minor Offenses with Major Consequences

119

State