Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
000021
Statutory Authority
INA § 101(a)(18)
8 CFR § 103.1(b)
INA § 103: powers & duties of
the Secretary
ICE Academy Master PowerPoint Presentation
Spring 2008
ICE.090410.000027
Removal Proceedings
DELEGATED AUTHORITY
Î Authority entrusted to another
Î Responsibility can not be delegated
IMPLIED AUTHORITY
Î Authority to act, although not specifically stated
Who is inspected?
Authority to inspect
Limitations of inspections
Inspection of
(1) Aliens treated as applicants for admission.
An alien present in the United States who has not been admitted or
who arrives in the United States (whether or not at a designated port of
arrival and including an alien who is brought to the United States after
having been interdicted in international or United States waters) shall be
deemed for purposes of this Act an applicant for admission.
(2) Stowaways.
An arriving alien who is a stowaway is not eligible to apply for admission or to
be admitted and shall be ordered removed upon inspection by an immigration
officer. Upon such inspection if the alien indicates an intention to apply for asylum
under 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 for
asylum 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 an
applicant for admission or eligible for a hearing under section 240.
(5) Statements.
An applicant for admission may be required to state under oath
any information sought by an immigration officer regarding the
purposes and intentions of the applicant in seeking admission
to the United States, including the applicant's intended length of
stay and whether the applicant intends to remain permanently
or become a United States citizen, and whether the applicant is
inadmissible.
b2High
(A) [I]n the case of an alien who is an applicant for admission, if the
examining immigration officer determines that an alien seeking
admission is not clearly and beyond a doubt entitled to be
admitted, the alien shall be detained for a proceeding under
section 240 .
b2High
b2High
b2High
Investigative Stops
Occurs when person is “seized” or
“stopped” – 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
Arrest
Î Under same facts, a reasonable person
would believe he is in custody
Î Probable cause is required
Î Warrantless okay with consent or
exigent circumstances
Î Simultaneous Arrests of
criminal/admin or regulatory
violations or offenses
Î Criminal arrest priority/no misuse of
admin
Seizure
Î When an officer uses physical force, or a
show of authority, which causes a person
to submit to that force or authority.
Detention
Î Brief, temporary stop as part of an
investigation for the purpose of limited
inquiry into possible criminal activity or an
administrative violation of the INA.
Arrest
Î Officially taking a person into custody to
have him answer to criminal or
administrative charges.
Î ICE Academy Master PowerPoint Presentation
Spring 2008
ICE.090410.000081
4th Amendment Degrees of Proof
Mere Suspicion
Î Lowest degree of proof; can be equated to
a hunch or gut feeling. Not enough to
justify a detention or arrest. Try
consensual encounter?
Reasonable Suspicion
Î Specific articulable facts that cause
suspicion by reasonable and rational
inference that an event has, is, or will
occur.
Probable Cause
Î Information that a reasonable person
would deduce that an offense [criminal or
administrative] has been or is being
committed, and a specific person either
committed or is committing the offense.
ICE Academy Master PowerPoint Presentation
Spring 2008
ICE.090410.000082
CLASSROOM EXERCISE
b2High
b2High
b2High
Î 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 USC
1324(a) - Bringing In and Harboring Certain Aliens (alien smuggling).
Pursuant to 8 CFR § 287.5(c)(5) Immigration Enforcement Agents (IEAs) may
not 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 was
established. INA § 287(a)(4) authority cannot be used by an IEA to justify an
arrest for a violation of 8 USC 1324(a). A related restriction of authority is
found in 8 CFR § 287.5(e)(3) where the Attorney General has given IEAs the
authority to serve warrants of arrest for administrative immigration
violations only, and not immigration related criminal arrest warrants.
Î Arrest without warrant for any offense against the United States committed
in the Officer’s presence
Î Reasonable grounds (i.e. probable cause) that person to be arrested has
committed or is committing such offense
Î Whilethe Officer is performing duties related to enforcement of
immigration laws
Î Likelihood person will abscond before arrest warrant can be obtained
Î Miranda Warning must be given
Î Designated Officers only/General Arrest Training required [see 8 CFR]
Î NO 287(a)(5)(B) AUTHORITY FOR ANYONE AT THIS TIME….
Î Board and search for aliens without warrant within a “reasonable distance” [see 8 CFR
287.1(a)(2)] from the border
Î Designated Officers only (Border Patrol Agents, Special Agents, and “Immigration Inspectors” [read Customs and Border
Protection Officers] at seaports only)
Î >1 articulable fact to stop. OK to ask persons about citizenship and immigration
status, BUT w/o consent you need probable cause to search any vehicle
Î Patrollingthe Border means authority to enter onto private lands but not dwellings
within 25 miles of the border. [do not forget INA 287(e) prohibitions]
Non-Deadly Force
Î Force other than that which is deadly force
Î 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
Î Used when officer has reasonable grounds to believe force is necessary to protect himself or
other persons from the present danger of death or serious bodily harm
References:
8 CFR § 287.8(a)(2)
Secretary of DHS “Use of Deadly Force Policy” dated July 1, 2004
ICE “Interim Use of Force Policy” dated July 7. 2004 [Adopts DHS policy… but them has some conflicting self-
contained language… ask your operational chain of command for clarification]
b2High
b2High
b2High
b2High