ICE Enforcement and Removal Operations Report - Fiscal Year 2014 (Draft), ICE
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Draft/Deliberative/Pre-Decisional Fiscal Year 2014 ICE Enforcement and Removal Operations Report Overview U.S. Immigration and Customs Enforcement (ICE) shares responsibility for enforcing the nation's civil immigration laws with U.S. Customs and Border Protection (CBP) andp.s. Citizenship and Immigration Services (USCIS). ICE identifies, arrests, and removes aliens who endarigfr national security or pose a risk to public safety, as well as those who enter the UIJited States illegally or.otlierwise undermine our immigration laws and border control efforts. ICE focusesimmigration enforcemerit on two primary missions: (1) identifying and apprehending criminal aliens andother removable individuals within the United States; and (2) detaining and remgying-jndividuals apprehended in the interior United States, as well as those apprehended by CBP officet�;.an.1 Agxnts patrolling our nation's borders. ICE prioritizes identifying and removing c;iiliiil:{���ri§,i!l\a, those ipprehended at the border attempting to unlawfully enter the Unit�g0�,tilte� This rep;�,�umn1�i��JSE's Fiscal Year (FY) 2014 civil ; immigration enforcement,f!:!igµ,efu6�f!. ... }•..8Perations}I. ! alsQ)Jrovidx�'il ... .comparative analysis between FY 2014 and FY 2013 fi gure'sifc' ICE removed few e,r�liens i::�*{•29IttJ� i11 FY 20r3 ctue to various factors. First, as a percentage of total removal�,;;�,i�i.��l)'. ovalst4fS\"�aseclfi-orn, 66 perc;�nt to 56 percent. Guatemalan, Honduran, and El Salvadoti1,1l1l�efuoval , ··.. ,�rcen:tage of total ICE �e.movals, increased 4 percent, 3 percent, and 3 percent, reij;��tively. Since ii0:�11).1exicari,n,�tional removals require a travel document, their removal process require§l:!\)ore time ancltii'.ffrces to5omplete. Second, ICE shifted resources toward managing the influx offarrii�@,JW;its,juveniles\]lfiWd unacc8mpanied children (UACs) from Central America and . delivery in1]!�tives such as the Alien Transfer Exit Program (ATEP). ATEP away from consequeijt� ;,,;<·'+!:: ':''\<''. accounted for 52,965 · : · ·can remoii1 . s in FY 2013, which comprised subjects apprehended by U.S. veg£��1;\ICE. Third, the increased number of jurisdictions declining to Border Patrol and quick! honor ICE detainers partial "'' 'tited to decreased criminal alien removals this year. Local law '82 detainers in FY 2014. Lastly, the 9th Circuit Court of Appeals enforcement declined to honor ruling in Rodriguez v. Robbins requiring bond hearings for all aliens detained six months or longer increased detained aliens' average length of stay (ALOS) in ICE detention. This ALOS increase directly impacted removals because as available detention space decreases and ICE detains fewer subjects, fewer subjects are available for removal. In some instances, ICE cannot repatriate individuals to their countries of origin or nationality within the statutory time limits. In these cases, absent any extraordinary circumstances, ICE must, by law, release individuals from custody, pursuant to United States Supreme Court and other federal court decisions. Individuals may be released on their own recognizance, on an order of supervision, with or without bond, 1 Draft/Deliberative/Pre-Decisional Criminality ICE Levels reflect priorities outlined in the June 2010 memorandum entitled "ICE Civil Immigration Enforcement Priorities effective October I, 2010." Since FY 2011, ICE has defined criminality as a recorded criminal conviction from certified criminal history repositories. To prioritize the removal of convicted criminal aliens, ICE personnel refer to the following offense levels: Level I, Level 2, and Level 3 offenders. Level I offenders are aliens convicted of"aggravated felonies," as defined in§ I Ol(a)(43) of the Immigration and Nationality Act, or two or more crimes, each punishable by more than one year, commonly referred to as "felonies." Level 2 offenders are aliens convicted of any other felony or three or more crimes, each punishable by less than one year, corru:iJ.only referred to as "misdemeanors." Level 3 offenders are aliens convicted of "misdemeanor" crime(S))iunishable by less than one year. Prior to FY 2011, ICE used Secure Communities (SC) Levels I, 2, and3 for prioritization purposes. Intakes and Releases Detention data exclude Office of Refugee Resettlement facilities and United States Marshals Service prisoners. Final Book-outs include only the followingR,elease Reasons: [ATD, Bonded Out, Order of Recognizance, Order of Supervision, Paroled, ProsecutoriaLI)ifpretion]. The data represent the number of final book-out� as den;g<c:� above" A;final book-out is the last book-out in a detainee's length of during FY 2014 YTD, he/she is alien ha§,J:J.1ultipl1::��;ci.\Jiook-buts · · ·· ·· counted once for each 11