ice academy - master powerpoint presentation (spring 2008)

8/14/2019 ICE Academy - Master PowerPoint Presentation (Spring 2008)

1/92

ICE.090410.000021


2/92

ICE Academy Master PowerPoint PresentationSpring 2008

Statutory AuthorityStatutory Authority

ICE.090410.000022


3/92


IntroductionLesson Plan Overview

What is your Authority to act?Statutes

RegulationsImplied authority

Immigration Law Handbook

ICE.090410.000023


4/92


Your Mission Find and Remove Aliens

Who Make it to the Interior of the USA

ICE.090410.000024


5/92


Your Mission Remove Lawfully

Admitted Aliens Who Break the Rules!

ICE.090410.000025


6/92


Your Critical MissionYour Critical Mission Eradicate Threats

to Homeland Security!

ICE.090410.000026


7/92


Who is an Immigration Officer?

INA 101(a)(18) 8 CFR 103.1(b)

INA 103: powers & duties of

the Secretary

ICE.090410.000027


8/92


Removal Proceedings

ICE.090410.000028


9/92


Removal Proceedings

INA 240

Illegal Immigration Reform and Immigrant

Responsibility Act of 1996 (IIRIRA)

Notice to Appear (formerly OSC)

Filed in Immigration Court

Alien faces factual allegations andadministrative charges from the INA

ICE.090410.000029


10/92


Inadmissible under INA 212(a) ?

ICE.090410.000030


11/92


Deportable under INA

237(a) ?

ICE.090410.000031


12/92


Charging Document

ICE.090410.000032


13/92


Charging Document

ICE.090410.000033


14/92


Burden of Proof Under INA

212(a) ?

For those Present Without Inspection and Parolees

Government must first prove alienage

Then, alien must prove prior lawful admission by

clear and convincing evidence, or

In the absence of a prior admission, the alienmust then prove he is clearly and beyond adoubt entitled to admission and is not

inadmissible as charged.

ICE.090410.000034


15/92



212(a) ?

For Arriving Aliens

Alien must prove clearly and beyond adoubt that he is entitled to admissionand is not inadmissible as charged.

ICE.090410.000035


16/92



237(a) ?

For lawfully admitted aliens

Government must prove by clear and

convincing evidence that he is deportableas charged.

ICE.090410.000036


17/92


Burden of Proof Under INA ?

clear and convincing evidence

The Supreme Court has stated thatthe clear and convincingstandard lies between apreponderance of the evidenceand proof beyond a reasonable

doubt. [See, Addington v. Texas,441 U.S. 418, 425 (1979).

ICE.090410.000037


18/92


Burden of Proof Under INA ?

What evidence will get the job done?

Some examples include but are not limited to: statements from the alien that they were born in

another country [recorded on the I-213]

foreign birth certificates

an aliens admission regarding foreign birth beforethe immigration judge

certified conviction records showing the alien was

convicted of a crime that would render themremovable under INA 212 or 237.

ICE.090410.000038


19/92


Parties to a Removal Proceeding

ICE.090410.000039


20/92


APPEALATE REVIEW

ICE.090410.000040


21/92


Sources of Authority

To perform your duties:

International Law [sovereign powers]

The Constitution of the United States

The Immigration and Nationality Act

Title 8 of the Code of Federal Regulations

Federal Courts

ICE.090410.000041


22/92


Sources of Authority

To perform your duties:

Board of Immigration Appeals

DHS/ICE Delegations:

DHS Delegation Number 7030.1

DHS Delegation Number 7030.2

ICE Delegation Number 0001

OI/DRO Organizational Delegation Orders

Directives and Policy Memorandum

ICE.090410.000042


23/92


Hierarchy of Authority

STATUTORY AUTHORITY

Provided for by law and enacted by statute

DELEGATED AUTHORITY

Authority entrusted to another

Responsibility can not be delegated

IMPLIED AUTHORITY

Authority to act, although not specifically stated

ICE.090410.000043


24/92


INA

235 -

INSPECTION

Who is inspected?

Authority to inspect Limitations of inspections

ICE.090410.000044


25/92


INA

235(a)(1)

Applicants for admission

Inspection

of

(1) Aliens treated as applicants for admission.

An alien presentin the United States who has not been admitted orwho arrives in the United States (whether or not at a designated port ofarrival and including an alien who is brought to the United States afterhaving been interdicted in international or United States waters) shall be

deemedfor purposes of this Act an applicant for admission.

ICE.090410.000045


26/92


INA

235(a)(2) - Stowaways

ICE.090410.000046


27/92


INA

235(a)(2) -

Stowaways (not applicants)

(2) Stowaways.

An arriving alien who is a stowaway is not eligible to apply for admission or tobe admittedand shall be ordered removed upon inspection by an immigrationofficer. Upon such inspection if the alien indicates an intention to apply for asylumunder section 208 or a fear of persecution, the officer shall refer the alien for an

interview under subsection (b)(1)(B) of this section. A stowaway may apply forasylum only if the stowaway is found to have a credible fear of persecution under

subsection (b)(1)(B) of this section.In no case may a stowaway be considered anapplicant for admission or eligible for a hearing under section 240.

ICE.090410.000047


28/92


Stowaway - INA 101(a)(49)Stowaways: The termStowaways: The termstowawaystowaway means any alien whomeans any alien whoobtains transportation without the consent of the owner,obtains transportation without the consent of the owner,charterer, master or person in command of any vessel orcharterer, master or person in command of any vessel oraircraft through concealment aboard such vessel or aircraft.aircraft through concealment aboard such vessel or aircraft.

A passenger who boards with a valid tickets is not to beA passenger who boards with a valid tickets is not to beconsidered a stowaway.considered a stowaway.

ICE.090410.000048


29/92


INA

235(a)(2) -

Stowaways (asylum claims)

Once the alien announces an intention toapply for asylum or a fear of persecution, a

stowaway shall be immediately referred bythe inspecting immigration officer to an

asylum officer for a credible fear interview.

ICE.090410.000049


30/92


INA

235(a)(3) -

Inspection

(3) Examination/Inspection

All aliens (including aliencrewmen) who are applicantsfor admission or otherwiseseeking admission or

readmission to or transitthrough the United Statesshall be inspected byimmigration officers.

ICE.090410.000050


31/92


INA

235(a)(3)

(continued)

INSPECTION OF ALL ALIENS

Examination for identity and alienage

Inspection to establish admissibility

Applications to lawfully enter U.S.

Are made in person at a

Designated and open port of entry

To a CBP Officer

ICE.090410.000051


32/92


INA 235(a)(4) - (application withdrawal)(4) Withdrawal of application for admission.

An alien applying for admission may, in the discretion of the Attorney General and at any time, be permitted to withdraw

application for admission and depart immediately from theUnited States.

ICE.090410.000052


33/92


INA

235(a)(5) -

Sworn Statements (aliens)

ICE.090410.000053


34/92


INA

235(a)(5) -

Sworn Statements

(5) Statements.

An applicant for admission may be required to state under oathanyinformation sought by an immigration officer regarding the

purposes and intentions of the applicant in seeking admissionto the United States, including the applicant's intended length ofstay and whether the applicant intends to remain permanentlyor become a United States citizen, and whether the applicant is

inadmissible.

ICE.090410.000054


35/92


INA

235(a)(5)

Immigration officer takes evidence andadministers an oath to an applicant for

admission (non USC) about the applicants

admissibility

ICE.090410.000055


36/92


ICE.090410.000056


37/92


CLASSROOM EXERCISE

ICE.090410.000057


38/92


ICE.090410.000058


39/92


INA

235(b)(2)(A)

Inspection of other aliens:

(A) [I]n the case of an alien who is an applicant for admission, if theexamining immigration officer determines that an alien seekingadmission is not clearly and beyond a doubt entitled to beadmitted, the alien shall be detained for a proceeding under

section 240 .

ICE.090410.000059


40/92


Aliens detained for Section 240 proceedings will appear before anImmigration Judge on a Form I-862 -

Notice to Appear (NTA)

ICE.090410.000060


41/92


8 C.F.R.

208.2(c)(1)

Certain aliens are not entitled to a Section 240 hearing. At bestthey get an asylum only hearing before an immigration judge:

- Crewmen

- Stowaways

- INA 101(a)(15)(S) classified aliens

- Aliens removed under Section 235(c) (security related grounds)

- Visa Waiver Program applicants

ICE.090410.000061


42/92


INA

235(d)(1) -

board & search

(d) Authority relating to inspections.

(1) Authority to search conveyances.

Immigration officers are authorized to boardImmigration officers are authorized to boardand search any vessel, aircraft, railway car,and search any vessel, aircraft, railway car,or other conveyance or vehicle in which theyor other conveyance or vehicle in which they

believe aliens are being brought into thebelieve aliens are being brought into theUnited States.United States.

ICE.090410.000062

AA POEPOE ll R i i i l i i b blR i i i l i i b bl


43/92


AtAt

POEsPOEs

onlyonly. Requires minimal suspicion not probable cause. Requires minimal suspicion not probable cause

[4[4thth

amendment requirements relaxed at the border].amendment requirements relaxed at the border].

ICE.090410.000063


44/92


INA

235(d)(2)

(d)(2) Authority to order detention and delivery of

arriving aliens.

Immigration officers are authorized to order an owner, agent, master,

commanding officer, person in charge, purser, or consignee of a vessel oraircraft bringing an alien (except an alien crewmember) to the United

States

(A) to detain the alien on the vesselor at the airport of arrival, and (B) todeliver the alien to an immigration officerfor inspection or to a medical officer

for examination.

ICE.090410.000064


45/92


46/92


INA

235(d)(4)

-

subpoenas

(d) (4) Subpoena authority. The Attorney General and any immigration officer shall have power to

require by subpoena the attendance and testimony of witnesses beforeimmigration officers and the production of books, papers, and documents

relating to the privilege of any person to enter, reenter, reside in, or pass through the

United States or concerning any matter which is material and relevant to

the enforcement of this chapter and the administration of the Service,

and to that end may invoke the aid of any court of the United States.(includes USCs)

ICE.090410.000066


47/92


CLASSROOM EXERCISE

ICE.090410.000067


48/92


CLASSROOM EXERCISE

ICE.090410.000068


49/92


CLASSROOM EXERCISE

ICE.090410.000069


50/92


INA 287 Search PowersICE.090410.000070


51/92


52/92


INA

287(c)

Search an alien and his personal effects without a warrant

Person must be an applicant for admission to the United States

Immigration Officer must believe ground(s) of inadmissibility will be

disclosed by search

Cannot use this authority to search USCs

ICE.090410.000072


53/92


INA

287(c)

Can search at border or atfunctional equivalentofborder (location acts as a border, i.e. airports) when:

- Reasonable certainty object of search just crossed

the border

- Search at first practical point

- No time or opportunity for object of search to have

changed materially since crossing

International airports are functional equivalents of theborder

ICE.090410.000073

C


54/92


Crewmen

ICE.090410.000074


55/92


CREWMAN INA

252(b)

Conditional permits to land temporarily.

(b) Revocation; expenses of

detention.

Pursuant to regulations prescribed by the Attorney General, any immigration officer

may, in his discretion, if he determines that an alien is not a bona fide crewman,or does not intend to depart on the vessel or aircraft which brought him, revoke the

conditional permit to land which was granted such crewman under the provisions of

subsection (a)(1) of this section, take such crewman into custody, and require the master

or commanding officer of the vessel or aircrafton which the crewman arrived to receive and

detain him on boardsuch vessel or aircraft, if practicable, and such crewman shall be

removed from the United States at the expense of the transportation line which brought himto

the United States. .

ICE.090410.000075


56/92


INA

252(b)

Authority allows the officer to:

Recheck a vessel before departure crew control to see if

crewman returned

Revoke a previously granted conditional landing permit[an I-95 grants 29 days max. per INA 252(a)] and detain on

vessel. Crewman departs on vessel that brought him.

Order Removal - has same effect as IJ

ICE.090410.000076


57/92


PRINCIPLE LEVELS OF

ENCOUNTERIn order to properly enforce the elements of INA

287(a) (stop,

detain, arrest) it is important for the officer to know the differentways of encountering an individual. There are 3 principle levels of

encounter that officers face with the public at places other than at the

border:

Consensual encounter

Investigative stops

Arrests

Officers should always identify themselves as law enforcement

ICE.090410.000077


58/92


FIRST LEVEL OF ENCOUNTER

Consensual Encounter

Individual is free to walk away

from and decline to speak tothe Officer

Questions can be asked as

long as the officer does notphysically or constructively

impede the persons freedom

of movement

Address questions to promote

cooperation

ICE.090410.000078


59/92


SECOND LEVEL OF ENCOUNTER

Investigative Stops

Occurs when person is seized orstopped and reasonable person

would believe that he was not free to

leave

Must have reasonable suspicion

based on articulable facts that

person is engaged in (or attempting)

a criminal or administrative offense

Length of the stop should be limited

ICE.090410.000079


60/92


THIRD LEVEL OF ENCOUNTER

Arrest

Under same facts, a reasonable personwould believe he is in custody

Probable cause is required

Warrantless okay with consent orexigent circumstances

Simultaneous Arrests ofcriminal/admin or regulatory

violations or offenses Criminal arrest priority/no misuse of

admin

ICE.090410.000080

h T


61/92


4th Amendment Terms DefinedSeizure

When an officer uses physical force, or a

show of authority, which causes a personto submit to that force or authority.

Detention

Brief, temporary stop as part of aninvestigation for the purpose of limitedinquiry into possible criminal activity or anadministrative violation of the INA.

Arrest Officially taking a person into custody to

have him answer to criminal oradministrative charges.

ICE.090410.000081

h A d D f f


62/92


4th Amendment Degrees of ProofMere Suspicion Lowest degree of proof; can be equated to

a hunch or gut feeling. Not enough tojustify a detention or arrest. Try

consensual encounter?Reasonable Suspicion

Specific articulable facts that causesuspicion by reasonable and rational

inference that an event has, is, or willoccur.

Probable Cause

Information that a reasonable personwould deduce that an offense [criminal oradministrative] has been or is beingcommitted, and a specific person eithercommitted or is committing the offense.

ICE.090410.000082


63/92


64/92


CLASSROOM EXERCISE

ICE.090410.000084

CLASSROOM EXERCISE


65/92


CLASSROOM EXERCISE

ICE.090410.000085


66/92

M P INA 287( )(1)


67/92


More Powers -

INA

287(a)(1)

Powers of immigration officers and employees. (a)

Powers without warrant. Any officer or employee of the Serviceauthorized under regulations prescribed by the Attorney General

shall havepower without warrant--

(1) to interrogateany alien or person believed to be an alien as tohis right to be or to remain in the United States; . . .

ICE.090410.000087

INA 287( )(1)


68/92


INA

287(a)(1)

IMPLIED AUTHORITY to DETAIN a person in order to

INTERROGATE (elicit a statement against their interest)

Permits a non-vehicular investigative stop

Must have REASONABLE SUSPICION based on ARTICULABLE

FACTS that the person is or may be an ALIEN (who you may thenquestion to see if he is in the US legally/illegally).

Federal Circuits differ on nature of suspicion.

ICE Policy may dictate different standard in worksite enforcement

ICE.090410.000088


69/92


70/92


ADMINISTRATIVE ARREST AUTHORITY

ICE.090410.000090


71/92

INA 287(a)(2) administrative


72/92


INA 287(a)(2)- administrativearrest authority

Arrest alien without warrant ifreason to believe(i.e. probable

cause) for administrativeviolation related to theenforcement of the INA

Designated Officers only [see list in 8 CFR]

Post-arrest review by another Officer of the Service

Arrest warrant needed absent exigent circumstances or when

alien is not likely to abscond

ICE.090410.000092


73/92


IMMIGRATION RELATED FELONY ARRESTS

ICE.090410.000093

INA 287(a)(4) criminal


74/92


INA 287(a)(4) criminalarrests related to INA

Powers of immigration officers and employees. (a) Powers without

warrant. Any officer or employee of the Service authorized under regulationsprescribed by the Attorney General shall have power without warrant--

(4) to make arrests for felonies which have been committed and which arecognizable under any law of the United States regulating the admission,

exclusion, expulsion, or removal of aliens, if he has reason to believe thatthe person so arrested is guilty of such felony and if there is likelihood of theperson escapingbefore a warrant can be obtained for his arrest, but the personarrested shall be taken without unnecessary delay before the nearest available

officer empowered to commit persons charged with offenses against the laws ofthe United States;

ICE.090410.000094

INA 287( )(4)


75/92


INA 287(a)(4) Arrest without warrant forfelonyviolation related to

enforcement of the INA

Person arrested may be alien orU.S. citizen

Designated Officers only [see list in 8 CFR]

Miranda Warning must be given to individual

Taken to U.S. Magistrate for review

Arrest warrant needed absent exigent circumstances or whensubject is not likely to abscond

ICE.090410.000095

IMPORTANT NOTE


76/92


IMPORTANT NOTE 8 USC 1324(c) says that the Attorney General has the authority to designate

which immigration officers may make arrests for a violation of 8 USC1324(a) - Bringing In and Harboring Certain Aliens (alien smuggling).Pursuant to 8 CFR 287.5(c)(5) Immigration Enforcement Agents (IEAs) maynot at the present time make arrests for violations of 8 USC 1324(a). This

restriction is the result of a policy decision made when the IEA position wasestablished. INA 287(a)(4) authority cannot be used by an IEA to justify anarrest for a violation of 8 USC 1324(a). A related restriction of authority isfound in 8 CFR 287.5(e)(3) where the Attorney General has given IEAs theauthority to serve warrants of arrest for administrative immigrationviolations only, and not immigration related criminal arrest warrants.

ICE.090410.000096


77/92


General Arrest Authorityfor Crimes Against the

United States

ICE.090410.000097

INA 287(a)(5) general arrest


78/92


INA 287(a)(5) general arrestauthority (federal crimes) Powers of immigration officers and employees. (a) Powers without

warrant. Any officer or employee of the Service authorized under

regulations prescribed by the Attorney General shall have power withoutwarrant--

(5) to make arrests--(A) for any offense against the United States, if theoffense is committed in the officer's or employee's presence, or (B) forany felony cognizable under the laws of the United States,

if the officer or employee has reasonable grounds to believe that the person

to be arrested has committed or is committing such a felony, if the officer or

employee is performing duties relating to the enforcement of the immigrationlaws at the time of the arrest and if there is a likelihood of the person escaping

before a warrant can be obtained for his arrest.

ICE.090410.000098

INA 287(a)(5)


79/92


INA 287(a)(5)Arrest without warrant for any offense against the United States committed

in the Officers presence

Reasonable grounds (i.e. probable cause) that person to be arrested hascommitted or is committing such offense

While the Officer is performing duties related to enforcement ofimmigration laws

Likelihood person will abscond before arrest warrant can be obtained

Miranda Warning must be given

Designated Officers only/General Arrest Training required [see 8 CFR]

NO 287(a)(5)(B) AUTHORITY FOR ANYONE AT THIS TIME.

ICE.090410.000099

INA 287(a)(3) w/o warrant


80/92


INA 287(a)(3) w/o warrant Powers of immigration officers and employees. (a) Powers without

warrant. Any officer or employee of the Service authorized underregulations prescribed by the Attorney General shall have power withoutwarrant--

(3)within a reasonable distance from any external boundary of the UnitedStates, to board and search for aliens any vessel within the territorial

waters of the United States and any railway car, aircraft, conveyance,or vehicle, and within a distance oftwenty-five miles from any such

external boundary to have access to private lands, but not dwellings, forthe purpose of patrolling the border to prevent the illegal entry of aliensinto the United States;

ICE.090410.000100

INA 287(a)(3)


81/92


INA 287(a)(3)

Board and search for aliens without warrant within a reasonable distance [see 8 CFR287.1(a)(2)] from the border

Designated Officers only (Border Patrol Agents, Special Agents, and Immigration Inspectors [read Customs and BorderProtection Officers] at seaports only)

>1 articulable fact to stop. OK to ask persons about citizenship and immigrationstatus, BUT w/o consent you need probable cause to search any vehicle

Patrolling the Border means authority to enter onto private lands but not dwellingswithin 25 miles of the border. [do not forget INA 287(e) prohibitions]

ICE.090410.000101


82/92


83/92

INA 287(b)


84/92


INA 287(b) Take oaths and consider evidence from any person (includes USC)

About the privilege of any person to enter, re-enter, pass through orreside in the U.S.ANDANDany matter which is material or relevant tothe enforcement of the INA

Differs from both 235(a)(5) and 235(d)(3)

Includes criminal charge for perjury under 18 USC 1621.

Authority available to all Immigration Officers and 287(g) persoAuthority available to all Immigration Officers and 287(g) personnelnnel

Warning/Reminder: Ask onlyMATERIAL andRELEVANTquestions

ICE.090410.000104


85/92


USE OF FORCE

ICE.090410.000105

N D dl D dl F


86/92


Non-Deadly vs. Deadly Force

Non-Deadly Force

Force other than that which is deadly force

Used when officer has reasonable grounds to believe force is

necessary: In self-defense

In defense of a fellow officer or third party

When necessary to make an arrest or prevent an escape

ICE.090410.000106


87/92

CLASSROOM EXERCISE


88/92


CLASSROOM EXERCISE

ICE.090410.000108

CLASSROOM EXERCISE


89/92


CLASSROOM EXERCISE

ICE.090410.000109


90/92

CLASSROOM EXERCISE


91/92


CLASSROOM EXERCISE

ICE.090410.000111

Live Long and Prosper !


92/92

Live Long and Prosper !

ice academy - master powerpoint presentation (spring 2008)

Documents