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| Identification Of Person |
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Identification of In-Custody Persons Subject to RemovalU.S. Immigration and Customs Enforcement (ICE) is responsible for the detention and removal of noncitizens. One of the agency’s priorities is removing noncitizens in jails and prisons. ICE and cooperating law enforcement agents generally identify such individuals for removal by questioning and running various computer checks on them. In many counties, immigration agents and cooperating law enforcement agents interview noncitizen defendants before trial at local jails to determine whether they may be subject to removal based on past crimes or lack of immigration status. They are particularly interested in identifying individuals who have previously been ordered removed. Noncitizens interviewed by federal immigration agents or local law enforcement do not have to discuss their immigration status or manner of entry into the U.S. The Fifth Amendment privilege against self-incrimination covers immigration status if that information could lead to a criminal prosecution; certain immigration violations are federal crimes, including entering the U.S. without inspection.
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