ICE

How Is The Government Shutdown Impacting Immigration Services

Due to failure to pass a Congressional budget, the United States government has temporarily shut down with no end in sight. This is no doubt throwing many government functions such as immigration services into disarray, as only essential government services are operational during this time. Customs and Border Protection (CBP) at airports and at port of entries continue to operate as usual, though without pay. The level of their...

ICE Ends Presumption of Release for All Pregnant Detainees

On March 30, 2018, U.S. Immigration and Customs Enforcement issued a directive entitled “Identification and Monitoring of Pregnant Detainees,” as well as the following FAQ: What is the new policy? ICE has ended the presumption of release for all pregnant detainees. Instead, as with all detainees, absent the requirements of mandatory detention, ICE will complete a case-by-case custody determination taking any special factors into account. ICE detention facilities will...

Supreme Court to Decide Whether “When Released” Means Immediately Released from Criminal Custody

In Nielsen v. Preap, the U.S. Supreme Court granted the government’s petition for a writ of certiorari, Kelly v. Preap, in which the question presented is, “Whether a criminal alien becomes exempt from mandatory detention under 8 U.S.C. 1226(c) if, after the alien is released from criminal custody, the Department of Homeland Security does not take him into immigration custody immediately.” The statute in question provides that the Attorney...