ICE / DHS Investigation

ICE officers interview hundreds of thousands of individuals that are encountered annually within the United States to determine citizenship and immigration status. Over the last four years more than a million people have passed through ICE detention facilities. During Fiscal Year 2007 alone, more than 322,000 illegal aliens passed through ICE detention facilities and approximately 280,000 of those were removed from the Unites States. 

ICE / DHS investigations can only last up to 48 hours (weekends and Holidays excluded). A typical interview can will take between 25 and 35 minutes and the immigration officer will check various databases such as the Deportable Alien Control System (DACS) federal database.

When a noncitizen is arrested, a determination should be made within 48 hours (1) whether the person is to be kept in custody or released on bond, and (2) whether an arrest warrant for the person will be issued and whether he or she will be issued a Notice to Appear (NTA).  The decision whether to keep the person in custody or to release the person should be documented on Form I‑286 (Notice of Custody Determination), and the officer who makes the decision should note on the form the time and date that he or she made the decision.

The ICE officer should also note on the I‑286 whatever immigration-related charge the officer believes reasonably applies to the detained person, including the provision of the INA under which the charge would be brought.  The completed I‑286 should then be served on the detained person within 48 hours of the time the person was arrested. 

Once ICE decides to process an individual for removal proceedings, they must issue a Form I-862, Notice to Appear (NTA) in removal proceedings. The Notice will generally list the allegations on which any charge that the individual is subject to removal is based, list a date for an initial hearing and inform the person of their rights to competent translation, attorney representation and fundamental fairness in the proceedings. 

1. Identification
2. Immigration Detainer
3. In ICE / DHS Custody
4. The ICE Investigation
5. The Court Procedure & Posting The Immigration Bond