What is ICE?

ICE is the abbreviation for the US Immigration and Customs Enforcement agency. ICE is a federal agency under the US Department of Homeland Security and its primary mission is enforcing immigration and customs laws.

One of the missions of ICE is to detain and deport individuals are here illegally or without proper paperwork. When we think of people who are here illegally, we usually think of people who have come into the country illegally; however, people who come here legally – such as on a visa – but overstay the proper amount of time are also here illegally.

ICE is also interested in finding individuals subject to removal proceedings. This could involve non-citizens who are legally or illegally, if they have committed a crime that makes them subject to deportation.

ICE Arrests

ICE will try to arrest people that are here illegally anywhere they can find them. However, California is considered a sanctuary state – which means it’s a state that tries to protect people who are not here legally. One of the ways that California tries to protect these people is by prohibiting ICE from making arrests at courthouses without a judicial warrant. Although Governor Newsom signed this law in 2019, ICE Agents sometimes ignore this law and continue making arrests at courthouses of people who are here illegally.

ICE Holds

Another tactic that ICE uses is contacting law enforcement agencies and requesting immigration status on anyone in custody. If ICE learns of a person in custody that is either not here legally or subject to removal proceedings, then they will ask the Sheriff’s Office to put a hold on the person until they can arrest that person at the jail.

SB 54 – the California Values Act – became law in January 2018. That law limits the amount of information that the jails can share with ICE, and has led to decrease in the number of California inmates removed by ICE. However, some police agencies still find ways to cooperate with ICE. The Orange County Sheriff’s office currently obeys the California Values Act and limits the amount of information shared with ICE.

The Right Lawyers

A person accused of a crime who is not a citizen needs to have the strongest protections possible to ensure that they do not fall into ICE custody. One wrong move can lead to deportation. One right move is to let our Newport Beach legal team at Right Choice Law fight for your freedom. Our experienced immigration defense lawyers understand the complexities of the immigration system to defend you inside and outside the courtroom.