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1 1 (June 13, 2025)

handle is hein.crs/imnarsitei0001 and id is 1 raw text is: A Congressional ______ ~aResearch Service informing the egislatived dbate sincell 19M_______________ Immigration Arrests in the Interior of the United States: A Primer Updated June 13, 2025 U.S. Immigration and Customs Enforcement (ICE), a component of the Department of Homeland Security (DHS), is primarily responsible for immigration enforcement in the interior of the United States. ICE has considerable authority to arrest and detain aliens identified for removal. While DHS's immigration enforcement priorities may change over time depending on the executive branch's policy objectives, the governing statutory authorities for ICE's enforcement actions have largely remained constant. This Legal Sidebar provides an overview of ICE's authority to conduct arrests and other enforcement actions. (A separate DHS entity, U.S. Customs and Border Protection [CBP], enforces federal immigration laws at or near the border and at U.S. ports of entry; a discussion of CBP's authorities can be found here.) ICE's General Authority to Arrest and Detain ICE was established following the creation of DHS in 2003. The authority for ICE officers to arrest and detain aliens believed to have committed immigration violations derives primarily from 8 U.S.C. §§ 1226 and 1357. Section 1226(a) provides that, upon issuance of an administrative warrant (otherwise known as an ICE warrant), an immigration officer may arrest and detain an alien pending a decision as to whether the alien is subject to removal. An ICE warrant is issued by certain immigration officials who have been authorized or delegated such authority and is exclusively for use by immigration officers who have successfully completed immigration law enforcement training. Unlike judicial warrants issued in criminal cases, ICE warrants do not require a detached and neutral magistrate; instead, ICE warrants require the officer to establish that there is probable cause to believe that the individual named in the warrant is subject to removal. Section 1226 further authorizes, during the pendency of formal removal proceedings, either the continued detention of the arrested alien or the release of the alien on either bond in the amount of at least $1,500 or on conditional parole (i.e., release on the alien's own recognizance subject to specified conditions). The statute provides that the bond or parole may be revoked at any time, and that the alien may be rearrested and detained under the original warrant. Congressional Research Service https://crsreports.congress.gov LSB10362 CRS Legal Sidebar Prepared for Members and Committees of Congress