Transcript Immigration Enforcement & the Criminal Justice System

Immigration Enforcement &
the Criminal Justice System
Flow Chart Overview of
A Dangerous Merger
2009
System
287(g) Jail
Enforcement
Teams target
arrestees for
interviews re:
immigration
status
Under CAP,
ICE gets place
of birth and
other booking
biographic
info, which
they use to ID
noncitizens to
interview
Using info from
Secure
Communities
database check
or jail interview,
ICE or 287(g)
officer issues
detainer
While in custody,
ICE or 287(g) officer
conducts
initial/additional
interview of
noncitizen
During or shortly
subsequent to
interview, ICE or
287(g) officer
initiates paperwork
for removal process
(e.g., stipulated
removal, NTA,
expedited removal,
referral for illegal
Arrestee in
Criminal Charges &
Booking Into
reentry prosecution).
Bail/Custod
Jail
Disposition
Jail After
y Hearing
(Pre/Post
(plea/trial/dismissal/
Arrest
Bail Hearing)
sentence)
Rapid REPAT
Institutional
IDs certain
Checks in FBI &
Removal
Detainer
Judge grants bail
detainees for
Secure
Program (IRP):
triggers judge
(usually higher due to early
Communities
immigration
to deny bail,
detainer). If bail is
deportation in
databases to ID
judges conduct
OR
posted, detainer is
lieu of
noncitizens in
removal
triggered and
criminal
system
proceedings in
Police
noncitizen goes into sentence
prison during
START:
informally
immigration custody/
service of
Police
question
detention and
criminal
Post-Conviction
Stop/Arrest
detained people
removal proceedings
sentence
(appeal, completion
of
re immigration
initiated.
Referralare
to US
sentence, release from
status,
report
to
attorney
for
illegal
Police
check
National
287(g) task force
criminal custody, probation)
ICE
reentry
prosecution
Crime
Information
officers target
Center (NCIC)
noncitizens for
Completion of sentence and release triggers
civil immigration database for
immigration detainer; noncitizen goes into ICE
immigration law
enforcement
custody/detention OR