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US, Immigration
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aR 23 2007
‘The Honorable Mark R. Warner
United States Senate
Washington, DC 20510
Dear Senator Warner:
‘Thank you for yout February 16,2017 letter to Acting Director Thomas Homan
regarding the recent Executive Order issued by President Trump entitled, Enhancing Public
‘Safety in the Interior ofthe United States. Acting Director Homan asked me to respond on his
behalf
USS. Immigration and Customs Enforcement appreciates the opportunity to provide you
‘withthe enclosed responses tothe specifi questions you posed in your letter. We hope you will
find it useful
“Thank you aguin fr your leer an your interes n hs important ate.
since,
(pee tntesth
Sean M Hack
‘Acting Assistant Director
Otfice of Congressional Relations
EnclosureUS. Immigration and Customs Enforcement’s Responses to
‘Representative Warner's February 16,2017 Letter
1. Inwhat ways, if any, does the executive order change the agency’s priorities for
detention and removal? And what isthe specific timeframe for making alterations to
previous guidance or authorities?
Under this Executive Order, US. Immigration and Customs Enforcement (ICE) will not
‘exempt classes or categories of removable aliens from potential enforcement. All of those in
violation ofthe immigration laws may be subject to immigration ares, detention, and/or
removal from the United States. ICE began implementing the President's order ienmediately
after its issuance. Additional zuidance was provided by Secretary of Homeland Security
John Kelly in his February 20,2017 memorandum, Enforcement of the Immigration Laws to
Service the National Interest.
2. Does ICE interpret section 5 (c) have committed acts that constitute a chargeable criminal
offense to mean that individuals who are in the US. unlawfully are priorities for
removal?
‘Yes, pursuant to Department cf Homeland Security (DHS) Secretary Kelly's February 20,
2017 implementation memo Enforcement of the Immigration Laws to Serve the National
‘Interest, ICE will prioritize removable aliens who have committed acs that otherwise
constitute a chargeable criminal offense.
3. To date, how many individuals detained were targets ofthe enforcement actions v.
collateral detentions of individuals who were not targeted? And how many of those
individuals have been detained and/or deported as a result ofthese ICE enforcement
actions?
ICE does not breakdown enforcement action arrests between targeted and collateral arrests
‘and detention in its system of record for purposes of statistical reporting
In February 2017, ICE conducted a series of routine targeted enforcement operations across
the country, which it has doneregularly for many years. The focus of these enforcement
‘operations is consistent with te routine, targeted arrests caried out by ICE’s Fugitive
Operations teams on a daly basis.
During these routine targeted enforcement actions, ICE officers inthe Los Angeles, Chicago,
Atlanta, an Antonio, and New York City areas of responsibility arrested a total of 675
individuals who pose threat t9 public safety, border security, of the integrity of our nation's
immigration system. As of March 4, 2017, 108 of the aliens arrested as part ofthis
‘operation had been removed from the United States.
4. Section 5 (b) lists individuals who have been charged with any criminal offense, where
such charge has not been resolved, as priorities for removal. How does ICE interpret
‘the directive in instances where the court has not rendered a judgment?
March 2017 Page 1ICE will prioritize removal of aliens parsuant tothe DHS Secretary's February 20, 2017
guidance memo, Enforcement of the Inmigration Laws to Serve the National Interest,
including removable aliens charged with an offense that has not been resolved.
5. Are enforcement actions happening at or near sensitive locations such as places of,
‘worship, healthcare centers, and schools?
‘The ICE sensitive locations policy, which remains in effect, provides that enforcement
actions at sensitive locations should generally be avoided and requires either prior approval
‘rom an appropriate supervisory official or exigent circumstances necessitating immediate
action
Please note, ICE's sensitive locations policy includes in its non-exhaustive list of sensitive
locations,’ school, institutions of worship, and hospitals. However, the question includes,
“healthcare centers,” which is not specifically listed among the ICE sensitive locations
policy. To the extent that term appears much broader thaa “hospitals,” and include locations
whose sensitive nature may not be immediately evident, whether the sensitive locations
policy applies toa particular healthcare center may require a case-by-case determination,
6. What steps were taken by ICE to adhere to the Parental Interests Directive and ensure
appropriate care for the detained individuals’ minor children that may be at school