ICE Academy - Master PowerPoint Presentation (Spring 2008)

ICE.090410.
000021
Statutory Authority
ICE Academy Master PowerPoint Presentation

Spring 2008
ICE.090410.000022
Introduction
Lesson Plan Overview
What is your Authority to act?
Statutes
Regulations
Implied authority
Immigration Law Handbook

Spring 2008
ICE.090410.000023
Your Mission – Find and Remove Aliens
Who Make it to the Interior of the USA

Spring 2008
ICE.090410.000024
Your Mission – Remove Lawfully
Admitted Aliens Who Break the Rules!

Spring 2008
ICE.090410.000025
Your Critical Mission – Eradicate Threats
to Homeland Security!

Spring 2008
ICE.090410.000026
Who is an Immigration Officer?
INA § 101(a)(18)
8 CFR § 103.1(b)
INA § 103: powers & duties of
the Secretary
Spring 2008
ICE.090410.000027
Removal Proceedings

Spring 2008
ICE.090410.000028
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 and
administrative charges from the INA

Spring 2008
ICE.090410.000029
Inadmissible under INA § 212(a) ?

Spring 2008
ICE.090410.000030
Deportable under INA § 237(a) ?

Spring 2008
ICE.090410.000031
Charging Document

Spring 2008
ICE.090410.000032
Charging Document

Spring 2008
ICE.090410.000033
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 alien
must then prove he is “clearly and beyond a
doubt” entitled to admission and is not
inadmissible as charged.

Spring 2008
ICE.090410.000034
For Arriving Aliens
Alien must prove “clearly and beyond a

doubt” that he is entitled to admission
and is not inadmissible as charged.

Spring 2008
ICE.090410.000035
For lawfully admitted aliens
Government must prove by “clear and

convincing evidence” that he is deportable
as charged.

Spring 2008
ICE.090410.000036
Burden of Proof Under INA ?
“clear and convincing evidence”
The Supreme Court has stated that

the “clear and convincing”
standard lies between a
preponderance of the evidence
and proof beyond a reasonable
doubt. [See, Addington v. Texas,
441 U.S. 418, 425 (1979).

Spring 2008
ICE.090410.000037
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 before
the immigration judge
certified conviction records showing the alien was
convicted of a crime that would render them
removable under INA 212 or 237.

Spring 2008
ICE.090410.000038
Parties to a Removal Proceeding

Spring 2008
ICE.090410.000039
APPEALATE REVIEW

Spring 2008
ICE.090410.000040
Sources of Authority
To perform your duties:
ÎInternational Law [sovereign powers]
ÎThe Constitution of the United States
ÎThe Immigration and Nationality Act
ÎTitle 8 of the Code of Federal Regulations
ÎFederal Courts

Spring 2008
ICE.090410.000041
Sources of Authority
To perform your duties:
ÎBoard of Immigration Appeals
ÎDHS/ICE Delegations:
ÎDHS Delegation Number 7030.1
ÎDHS Delegation Number 7030.2
ÎICE Delegation Number 0001
ÎOI/DRO Organizational Delegation Orders
ÎDirectives and Policy Memorandum

Spring 2008
ICE.090410.000042
Hierarchy of Authority
STATUTORY AUTHORITY
Î Provided for by law and enacted by statute
DELEGATED AUTHORITY
Î Authority entrusted to another
Î Responsibility can not be delegated
IMPLIED AUTHORITY
Î Authority to act, although not specifically stated

Spring 2008
ICE.090410.000043
INA § 235 - INSPECTION
Who is inspected?
Authority to inspect
Limitations of inspections

Spring 2008
ICE.090410.000044
INA § 235(a)(1) – Applicants for admission
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.

Spring 2008
ICE.090410.000045
INA § 235(a)(2) - Stowaways

Spring 2008
ICE.090410.000046
INA § 235(a)(2) - Stowaways (not applicants)
(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.

Spring 2008
ICE.090410.000047
Stowaway - INA § 101(a)(49)
Stowaways: The term ‘stowaway’ means any alien who
obtains transportation without the consent of the owner,
charterer, master or person in command of any vessel or
aircraft through concealment aboard such vessel or aircraft.
A passenger who boards with a valid tickets is not to be
considered a stowaway.

Spring 2008
ICE.090410.000048
INA § 235(a)(2) - Stowaways (asylum claims)
Once the alien announces an intention to

apply for asylum or a fear of persecution, a
stowaway shall be immediately referred by
the inspecting immigration officer to an
asylum officer for a credible fear interview.

Spring 2008
ICE.090410.000049
INA § 235(a)(3) - Inspection
(3) Examination/Inspection
All aliens (including alien

crewmen) who are applicants
for admission or otherwise
seeking admission or
readmission to or transit
through the United States
shall be inspected by
immigration officers.

Spring 2008
ICE.090410.000050
INA § 235(a)(3) – (continued)
INSPECTION OF ALL ALIENS
Î Examination for identity and alienage

Î Inspection to establish admissibility
Î Applications to lawfully enter U.S.
Are made in person at a
Designated and open port of entry
To a CBP Officer

Spring 2008
ICE.090410.000051
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 the
United States.

Spring 2008
ICE.090410.000052
INA § 235(a)(5) - Sworn Statements (aliens)

Spring 2008
ICE.090410.000053
INA § 235(a)(5) - Sworn Statements
(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.

Spring 2008
ICE.090410.000054
INA § 235(a)(5)
ÎImmigration officer takes evidence and

administers an oath to an applicant for
admission (non USC) about the applicant’s
admissibility

Spring 2008
ICE.090410.000055
b2High

Spring 2008
ICE.090410.000056
CLASSROOM EXERCISE
b2High

Spring 2008
ICE.090410.000057
b2High

Spring 2008
ICE.090410.000058
INA § 235(b)(2)(A)
Inspection of other aliens:
(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 .

Spring 2008
ICE.090410.000059
Aliens detained for Section 240 proceedings will appear before an
Immigration Judge on a Form I-862 - Notice to Appear (NTA)

Spring 2008
ICE.090410.000060
8 C.F.R. § 208.2(c)(1)
Î Certain aliens are not entitled to a Section 240 hearing. At best

they 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

Spring 2008
ICE.090410.000061
INA § 235(d)(1) - board & search
(d) Authority relating to inspections.
(1) Authority to search conveyances.
Immigration officers are authorized to board

and search any vessel, aircraft, railway car,
or other conveyance or vehicle in which they
believe aliens are being brought into the
United States.
Spring 2008
ICE.090410.000062
At POEs only. Requires minimal suspicion not probable cause
[4th amendment requirements relaxed at the border].

Spring 2008
ICE.090410.000063
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 or
aircraft bringing an alien (except an alien crewmember) to the United
States—
(A) to detain the alien on the vessel or at the airport of arrival, and (B) to
deliver the alien to an immigration officer for inspection or to a medical officer
for examination.

Spring 2008
ICE.090410.000064
INA § 235(d)(3) – evidence and oaths
(d)(3) Administration of oath and consideration of evidence.

The Attorney General and any immigration officer shall have power to
administer oaths and to take and consider evidence of or from any person
touching the privilege of any alien or person he believes or suspects to be
an alien to enter, reenter, transit through, or reside in the United States or
concerning any matter which is material and relevant to the
enforcement of this Act [chapter] and the administration of the Service.

Spring 2008
ICE.090410.000065
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 before
immigration 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)

Spring 2008
ICE.090410.000066
CLASSROOM EXERCISE
b2High

Spring 2008
ICE.090410.000067
CLASSROOM EXERCISE
b2High

Spring 2008
ICE.090410.000068
CLASSROOM EXERCISE
b2High

Spring 2008
ICE.090410.000069
INA § 287 Search Powers

Spring 2008
ICE.090410.000070
INA § 287(c)
Powers of immigration officers and employees.

(c) Search without warrant.
Any officer or employee of the Service authorized and designated
under regulations prescribed by the Attorney General, whether individually
or as one of a class, shall have power to conduct a search, without
warrant, of the person, and of the personal effects in the possession of
any person seeking admission to the United States, concerning whom
such officer or employee may have reasonable cause to suspect that
grounds exist for denial of admission to the United States under this
chapter which would be disclosed by such search.

Spring 2008
ICE.090410.000071
INA § 287(c)
Î Search an alien and his personal effects without a warrant

Î Person must be an applicant for admission to the United States
Î Immigration Officer must believe ground(s) of inadmissibility will be
disclosed by search
Î Cannot use this authority to search USCs

Spring 2008
ICE.090410.000072
INA § 287(c)
Î Can search at border or at functional equivalent of

border (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
Î International airports are functional equivalents of the
border

Spring 2008
ICE.090410.000073
Crewmen

Spring 2008
ICE.090410.000074
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 aircraft on which the crewman arrived to receive and
detain him on board such vessel or aircraft, if practicable, and such crewman shall be
removed from the United States at the expense of the transportation line which brought him to
the United States. .

Spring 2008
ICE.090410.000075
INA § 252(b)
Authority allows the officer to:

Î Recheck a vessel before departure– “crew control” – to see if
crewman returned
Î 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.
Î Order Removal - has same effect as IJ

Spring 2008
ICE.090410.000076
PRINCIPLE LEVELS OF
ENCOUNTER
In order to properly enforce the elements of INA § 287(a) (stop,
detain, arrest) it is important for the officer to know the different
ways of encountering an individual. There are 3 principle levels of
encounter that officers face with the public at places other than at the
border:
z Consensual encounter
z Investigative stops
z Arrests
Officers should always identify themselves as law enforcement

Spring 2008
ICE.090410.000077
FIRST LEVEL OF ENCOUNTER
Consensual Encounter
Î Individual is free to walk away
from and decline to speak to
the Officer
Î Questions can be asked as
long as the officer does not
physically or constructively
impede the person’s freedom
of movement
Î Address questions to promote
cooperation

Spring 2008
ICE.090410.000078
SECOND LEVEL OF ENCOUNTER
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

Spring 2008
ICE.090410.000079
THIRD LEVEL OF ENCOUNTER
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

Spring 2008
ICE.090410.000080
4th Amendment Terms Defined
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.
Spring 2008
ICE.090410.000082
CLASSROOM EXERCISE
b2High

Spring 2008
ICE.090410.000083
CLASSROOM EXERCISE
b2High

Spring 2008
ICE.090410.000084
CLASSROOM EXERCISE
b2High

Spring 2008
ICE.090410.000085
ILLEGAL PRESENCE IS A HOT TOPIC IN USA

Spring 2008
ICE.090410.000086
More Powers - INA § 287(a)(1)
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 without warrant--
(1) to interrogate any alien or person believed to be an alien as to
his right to be or to remain in the United States; . . .

Spring 2008
ICE.090410.000087
INA § 287(a)(1)
Î IMPLIED AUTHORITY to DETAIN a person in order to

INTERROGATE (elicit a statement against their interest)
Î Permits a non-vehicular investigative stop
Î Must have REASONABLE SUSPICION based on ARTICULABLE
FACTS that the person is or may be an ALIEN (who you may then
question to see if he is in the US legally/illegally).
Î Federal Circuits differ on nature of suspicion.
Î ICE Policy may dictate different standard in worksite enforcement

Spring 2008
ICE.090410.000088
INA § 287(a)(1)
EXAMPLES OF ARTICULABLE FACTS

ARE FOUND IN THE WORKBOOK
ÎOfficer must be able to substantiate the detention with 2 or

more articulable facts

Spring 2008
ICE.090410.000089
ADMINISTRATIVE ARREST AUTHORITY

Spring 2008
ICE.090410.000090
INA § 287(a)(2) – arrest w/o warrant
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 without warrant--
(2) to arrest any alien who in his presence or view is entering or attempting to
enter the United States in violation of any law or regulation made in pursuance
of law regulating the admission, exclusion, expulsion, or removal of aliens, or to
arrest any alien in the United States, if he has reason to believe that the alien so
arrested is in the United States in violation of any such law or regulation and is
likely to escape before a warrant can be obtained for his arrest, but the alien
arrested shall be taken without unnecessary delay for examination before an
officer of the Service having authority to examine aliens as to their right to enter
or remain in the United States;

Spring 2008
ICE.090410.000091
INA § 287(a)(2)- administrative
arrest authority
Î Arrest alien without warrant if reason to believe (i.e. probable

cause) for administrative violation related to the
enforcement of the INA
Î Designated Officers only [see list in 8 CFR]
Î Post-arrest review by another Officer of the Service
Î Arrest warrant needed absent exigent circumstances or when
alien is not likely to abscond

Spring 2008
ICE.090410.000092
IMMIGRATION RELATED FELONY ARRESTS

Spring 2008
ICE.090410.000093
INA § 287(a)(4) – criminal
arrests related to INA
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 without warrant--
(4) to make arrests for felonies which have been committed and which are
cognizable under any law of the United States regulating the admission,
exclusion, expulsion, or removal of aliens, if he has reason to believe that
the person so arrested is guilty of such felony and if there is likelihood of the
person escaping before a warrant can be obtained for his arrest, but the person
arrested shall be taken without unnecessary delay before the nearest available
officer empowered to commit persons charged with offenses against the laws of
the United States;

Spring 2008
ICE.090410.000094
INA § 287(a)(4)
Î Arrest without warrant for felony violation related to
enforcement of the INA
Î Person arrested may be alien or U.S. citizen
Î Designated Officers only [see list in 8 CFR]
Î Miranda Warning must be given to individual
Î Taken to U.S. Magistrate for review
Î Arrest warrant needed absent exigent circumstances or when
subject is not likely to abscond

Spring 2008
ICE.090410.000095
IMPORTANT NOTE
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.

Spring 2008
ICE.090410.000096
General Arrest Authority
for Crimes Against the
United States

Spring 2008
ICE.090410.000097
INA § 287(a)(5) – general arrest
authority (federal crimes)
warrant. Any officer or employee of the Service authorized under
regulations prescribed by the Attorney General shall have power without
warrant--
(5) to make arrests--(A) for any offense against the United States, if the
offense is committed in the officer's or employee's presence, or (B) for
any 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 immigration
laws 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.

Spring 2008
ICE.090410.000098
INA § 287(a)(5)
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….

Spring 2008
ICE.090410.000099
INA § 287(a)(3) – w/o warrant

warrant. Any officer or employee of the Service authorized under
regulations prescribed by the Attorney General shall have power without
warrant--
(3) within a reasonable distance from any external boundary of the United
States, 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 of twenty-five miles from any such
external boundary to have access to private lands, but not dwellings, for
the purpose of patrolling the border to prevent the illegal entry of aliens
into the United States;

Spring 2008
ICE.090410.000100
INA § 287(a)(3)
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]

Spring 2008
ICE.090410.000101
INA § 287(e)

(e) Restriction on warrantless entry in case of outdoor agricultural operations.
Notwithstanding any other provision of this section other than paragraph (3) of
subsection (a) of this section, an officer or employee of the Service may not enter
without the consent of the owner (or agent thereof) or a properly executed warrant
onto the premises of a farm or other outdoor agricultural operation for the purpose of
interrogating a person believed to be an alien as to the person's right to be or to
remain in the United States.

Spring 2008
ICE.090410.000102
INA § 287(b)

(b) Administration of oath; taking of evidence.
Any officer or employee of the Service . . . shall have power and authority to administer
oaths and to take and consider evidence concerning the privilege of any person to
enter, reenter, pass through, or reside in the United States, or concerning any matter
which is material or relevant to the enforcement of this chapter and the
administration of the Service . . .

Spring 2008
ICE.090410.000103
INA § 287(b)
Î Take oaths and consider evidence from any person (includes USC)
Î About the privilege of any person to enter, re-enter, pass through or
reside in the U.S. AND any matter which is material or relevant to
the enforcement of the INA
Î Differs from both 235(a)(5) and 235(d)(3)
Î Includes criminal charge for perjury under 18 USC 1621.
Authority available to all Immigration Officers and 287(g) personnel
Warning/Reminder: Ask only MATERIAL and

RELEVANT questions

Spring 2008
ICE.090410.000104
USE OF FORCE

Spring 2008
ICE.090410.000105
Non-Deadly vs. Deadly Force
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

Spring 2008
ICE.090410.000106
Deadly Force – Force that is likely to cause death or
serious bodily harm
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]

Spring 2008
ICE.090410.000107
CLASSROOM EXERCISE
b2High

Spring 2008
ICE.090410.000108
CLASSROOM EXERCISE
b2High

Spring 2008
ICE.090410.000109
CLASSROOM EXERCISE
b2High

Spring 2008
ICE.090410.000110
CLASSROOM EXERCISE
b2High

Spring 2008
ICE.090410.000111
Live Long and Prosper !

Spring 2008
ICE.090410.000112

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For those Present Without Inspection and Parolees

 Government must first prove alienage

ICE Academy Master PowerPoint Presentation

 For Arriving Aliens

 Alien must prove “clearly and beyond a

ICE Academy Master PowerPoint Presentation

For lawfully admitted aliens

 Government must prove by “clear and

ICE Academy Master PowerPoint Presentation

“clear and convincing evidence”

The Supreme Court has stated that

ICE Academy Master PowerPoint Presentation

Some examples include but are not limited to:

ICE Academy Master PowerPoint Presentation

ICE Academy Master PowerPoint Presentation

ICE Academy Master PowerPoint Presentation

ICE Academy Master PowerPoint Presentation

ÎDirectives and Policy Memorandum

ICE Academy Master PowerPoint Presentation

ICE Academy Master PowerPoint Presentation

ICE Academy Master PowerPoint Presentation

ICE Academy Master PowerPoint Presentation

ICE Academy Master PowerPoint Presentation

ICE Academy Master PowerPoint Presentation

ICE Academy Master PowerPoint Presentation

Once the alien announces an intention to

ICE Academy Master PowerPoint Presentation

 All aliens (including alien

ICE Academy Master PowerPoint Presentation

INSPECTION OF ALL ALIENS

Î Examination for identity and alienage

ICE Academy Master PowerPoint Presentation

ICE Academy Master PowerPoint Presentation

ICE Academy Master PowerPoint Presentation

ICE Academy Master PowerPoint Presentation

ÎImmigration officer takes evidence and

ICE Academy Master PowerPoint Presentation

ICE Academy Master PowerPoint Presentation

ICE Academy Master PowerPoint Presentation

ICE Academy Master PowerPoint Presentation

Inspection of other aliens:

ICE Academy Master PowerPoint Presentation

ICE Academy Master PowerPoint Presentation

Î Certain aliens are not entitled to a Section 240 hearing. At best

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(d) Authority relating to inspections.

(1) Authority to search conveyances.

Immigration officers are authorized to board

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

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For those Present Without Inspection and Parolees

Government must first prove alienage

For Arriving Aliens

Alien must prove “clearly and beyond a

For lawfully admitted aliens

Government must prove by “clear and

“clear and convincing evidence”

All aliens (including alien

Authority allows the officer to:

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

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