U.S. Immigration and Customs Enforcement Issues New Memo on ICE Detainers

December 27, 2012 , by The McKellar Law Firm, PLLC
By The McKellar Law Firm, PLLC on December 27, 2012 9:00 AM |

On December 21, 2012, Director of U.S. Immigration and Customs Enforcement (ICE) John Morton issued a memorandum to provide additional guidance on the use of ICE detainers. I have previously written about ICE detainers here. This memorandum re-emphasizes ICE's focus on removing those individuals whose "removal promotes public safety, national security, border security, and the integrity of the immigration system." A copy of the memorandum can be found here.


The memorandum promises that ICE will be revising its current detainer form (Form I-247) in an effort to ensure compliance with removing persons who are in the United States without authorization AND who meet one or more of the following 8 conditions:

  1. Prior felony conviction
  2. 3 or more prior misdemeanor convictions
  3. A prior misdemeanor conviction or has simply been charged with a misdemeanor offense if the charge involves any of the following:
  4. * Violence, threats, or assault * Sexual abuse or exploitation * DUI or controlled substance * Fleeing the scene of an accident * Unlawful possession of firearm or other deadly weapon * Distribution of controlled substances * "Other significant threat to public safety"
  5. Prior conviction for illegal entry per 8 USC ยง 1325
  6. Illegal re-entry after a previous removal or return
  7. Pending or current order of removal
  8. Committed immigration fraud
  9. Poses a significant risk to national or border security or to public safety

While there are many ambiguous and troubling terms used in the 8 conditions above, it is nice to see ICE continue its focus on dedicating its resources to pursuing the so-called "bad immigrants," as opposed to those persons who do not have the 8 referenced conditions.