August 2026 ICE Broadcast on CPT: Enforcement, Impact, and Practical Realities

On August 12, 2026, ICE issued a critical Broadcast Message (BCM Number: 2608-01) through the SEVP system reminding Designated School Officials (DSOs) of their legal responsibilities and personal liability regarding Curricular Practical Training (CPT) authorizations.  This broadcast represents an aggressive enforcement push designed to curb perceived abuses with a chilling effect on CPT employment.

The Broadcast Key Message: Strict Enforcement on CPT Authorizations

The core purpose of the broadcast is to target CPT authorizations that fail to meet existing regulatory requirements—specifically instances where training does not constitute an "integral part of an established curriculum".

To address this, SEVP is clamping down with a very narrow interpretation of what makes practical training "integral". According to the message, DSOs should only authorize CPT employment "if its absence would make the attainment of a degree an impossibility." The broadcast mandates that the work associated with the CPT must be "required for all students pursuing that degree". CPT cannot be granted purely for employment purposes or for optional practical experiences that are not formally mandated by the academic program.

Furthermore, the broadcast reinforces the legal stakes for both institutions and individuals. F-1 students are reminded that they attest under penalty of perjury to be in the United States solely for full-time study. When a DSO signs or re-signs a Form I-20 to grant CPT, they are likewise certifying under penalty of perjury that the training is a required, integral component of the curriculum. If SEVP suspects that a school is misusing CPT to facilitate work opportunities rather than genuine study, Homeland Security Investigations (HSI) may intervene, potentially leading to administrative penalties, legal consequences, or the complete withdrawal of the school's SEVP certification.

The Impact Across the International Student Ecosystem

The ripple effects of this heightened enforcement will touch every level of international higher education, transforming how students, universities, and compliance officers approach off-campus work.

• F-1 International Students

For international students, obtaining off-campus internship authorization will become significantly more difficult. Career-building opportunities, summer internships, and part-time professional roles that were previously authorized under broader interpretations of "curricular training" will no longer qualify unless they are explicit graduation requirements for everyone in the major. Students will need to demonstrate that their degree literally cannot be completed without the practical training component.

• SEVP-Certified Academic Institutions

Universities and colleges now face immense institutional and operational risk. While SEVP acknowledges that academic institutions retain the authority to define their own degree requirements, federal oversight will aggressively target schools suspected of structuring curricula simply to offer work authorization. Institutions are being forced to conduct immediate, comprehensive audits of their academic programs across all departments to ensure that CPT offerings strictly align with federal expectations. Furthermore, with SEVP encouraging the public, employers, and students to report suspected training fraud directly to HSI, schools face increased exposure to whistleblowers and external scrutiny.

• Designated School Officials (DSOs)

DSOs find themselves directly in the regulatory focus. Because signing a Form I-20 carries the weight of a legal attestation under penalty of perjury, DSOs face personal administrative and legal liability if an authorization is deemed improper. To mitigate this risk, DSOs must now maintain exhaustive evidentiary documentation supporting the curricular necessity of every single CPT request, frequently consulting with SEVP field representatives on edge cases to protect themselves and their institutions.

Conclusion: The Broader Fallout

While the broadcast explicitly states that it is not a formal rule change or a substitute for statutory requirements, its practical fallout will be immediate and far-reaching.

First, the message transmits an immediate chilling effect across the entire CPT program. Driven by the threat of personal perjury charges, institutional loss of SEVP certification, and HSI investigations, DSOs and university administrators will inevitably adopt an extremely risk-averse posture. Many institutions will likely suspend discretionary CPT options or decline requests that fall into any legal gray area, restricting authorization strictly to traditional, fully mandatory cooperative education programs. Popular programs such as "Day-1 CPTs" will likely be severely curtailed or completely eliminated. 

Second, this enforcement mandate will disrupt currently approved CPT employment. As schools scramble to implement the directives—specifically reviewing current academic requirements and re-evaluating existing authorizations—many DSOs may be forced to retroactively revoke or shorten active CPT approvals that do not meet the strict "degree impossibility" standard. Consequently, international students currently working in good faith could see their employment authorizations abruptly halted, leaving both students and host employers navigating sudden operational and compliance disruptions.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

 

Rights of Immigrants, Documented or Undocumented

 

Immigrants, regardless of their legal status, have certain rights when interacting with Immigration and Customs Enforcement (ICE) officers. The rights vary depending on the situation (e.g., at home, at work, while driving, or in public) and whether the immigrant is in the U.S. legally or not.  ICE officers are just doing their job.  Try to cooperate with them whenever possible without sacrificing your rights. Here’s a breakdown of their rights:

1. At Home

• Warrant: ICE officers generally need a warrant to enter your home.
  • Search Warrant: To search or arrest someone in your home, ICE must have a search warrant signed by a judge.
  • Arrest Warrant: For an arrest in your home, they need an arrest warrant specifying your name.
• You Can Refuse Entry: If ICE doesn’t have a warrant, you can refuse them entry. Politely ask to see their warrant before allowing them inside. However, if you allow them to enter, then they may question occupants' immigration status.
• Remain Silent: You have the right to remain silent. You do not have to answer questions about your immigration status.
• Legal Advice: You can ask to speak with an attorney before responding to questions or consenting to any searches.

2. At Work

• No Warrant or Consent: In most situations, ICE cannot enter your workplace without a warrant or your consent.
• Workplace Raids: If ICE arrives with a valid warrant or if they are conducting a raid, employees do not have to answer questions about their immigration status.
• Remain Silent: You have the right to remain silent.
• Do Not Sign Documents: Do not sign anything without consulting an attorney, as doing so may waive certain rights.

3. While Driving

• Ask if You Are Free to Leave: If stopped by ICE officers while driving, you can ask, “Am I free to leave?” If the answer is yes, you can leave without further questions.
• Show ID: If asked for identification, you are required to show your driver's license or state ID. You are not required to provide information about your immigration status unless ICE has a valid warrant or other legal authority.
• Avoid Consent to Search: You can refuse consent to search your vehicle unless the officers have probable cause or a warrant.

4. In Public (On the Street)

• You Have the Right to Remain Silent: You do not have to answer questions about your immigration status in public.
• Avoid Voluntary Consent: You do not have to provide your immigration status to ICE officers. If stopped, you have the right to ask if you are free to go.
• Avoid Signing Documents: Never sign any documents without speaking to a lawyer, especially documents that waive your rights.

General Rights for All Immigrants

• Right to Remain Silent: Immigrants have the right to remain silent and not answer questions about their immigration status.
• Right to an Attorney: You have the right to consult an attorney. If detained, you can request a public defender.
• Protection from Unlawful Detention: ICE officers cannot detain you without cause. If detained, you can ask why you are being detained and request your rights.

For Legal Immigrants (Green Card Holders, Visa Holders, etc.)

• Show Proof of Legal Status: If you are a legal immigrant, you can present your immigration documents (green card, visa, etc.) to demonstrate your lawful status.
• Rights Against Deportation: Legal immigrants have more protection from deportation, but they can still be detained or questioned if ICE suspects fraud or violations of immigration law.

For Undocumented Immigrants

• Remain Silent: You do not have to answer questions regarding your immigration status.
• Avoid Consent: You do not have to consent to any searches or allow ICE to enter your home without a warrant.

Never argue with law enforcement officers. Cooperate as much as possible. But it is also important for individuals in such situations to be informed about their rights and, if possible, consult with an immigration attorney.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

ICE Operation to Target Family Units Halted

Immigration and Customs Enforcement (ICE) has planned a major operation to reduce the number of illegal immigrants in the country, this time targeting "family units". It was set to begin on Sunday, June 23rd, but has since been postponed by President Trump.  

The term "family unit" is used by the Department of Homeland Security (DHS) to identify cases involving illegal immigrants and their children. Such cases are tracked by the Executive Office for Immigration Review (EOIR) and are monitored as they progress through the immigration court system.

A week before the operations were to begin, President Trump tweeted that "ICE will begin the process of removing millions of illegal aliens". The operation was revealed soon after as a large-scale effort by ICE to round-up illegal family units with final deportation orders or that had missed their court date. It targets ten major U.S. cities -- Atlanta, Baltimore, Chicago, Denver, Houston, Los Angeles, Miami, New Orleans, New York City, and San Francisco.

According to numbers released by EOIR, Houston and Miami top the list for number of removals from September 2018 through June 2019. Both are at well over 2,000 removals. San Francisco and Baltimore are at the bottom of the list, with 314 and 402 removals respectively. The newly-appointed ICE director stated that the goal of the operation is to lower the number of illegal immigrants by discouraging future attempts to enter the country.

The president delayed the operation a day before it was slated to begin, stating that he will give 2 weeks for Democrats and Republicans to find a solution to asylum problems at the Southern border. The family operation is part of a continued effort by the Trump administration to crack down on illegal immigration. With the 2020 election in sight, it is no coincidence that this incident coincided with the beginning of Trump's re-election campaign.

It is unlikely that the partisan U.S. Congress can actually come up with something quickly within a couple of weeks.  After all, the debates about asylum and immigrant reforms have been going on for many years.  At the same time, it is not also not possible for ICE to deport "millions" even if the President wants to.  The agency simply does not have the manpower and resources to handle such an operation, given other more pressing priorities such as removal of criminal and terrorist aliens.  What is clear is that, these threats of massive raids and arrests of family units have already caused tremendous fears and anxiety in the immigrant communities.  

Tremendous Growth in International Students' Practical Training Program

What do Amazon, Google, Microsoft and Apple have in Common? Other than being the world's largest business enterprises, they also share a passion for the world's top tech talent.

Immigration and Customs Enforcement (ICE), a branch of Homeland Security, has recently published data on Top 200 Employers for STEM OPT and the yearly approved authorization growth of the OPT, STEM OPT, and CPT programs. Unsurprisingly, big names like Amazon, Google, Microsoft, and Apple top the list. Amazon is #1, with 2,953 tech-savvy students employed in STEM OPT in 2017 alone. Numerous universities are on the list, employing as many as 511 students (Massachusetts Institute of Technology) for STEM OPT. Many companies in IT and consulting can also be found on the list.

OPT refers to Optional Practical Training, a program that allows international students one year of authorized status working for an American company in their field to gain real world experience. Typically holders of the F-1 student visa, these students may engage in OPT employment before or after graduation from an academic program in the undergraduate (bachelor's) or graduate level. Curricular Practical Training (CPT) occurs as part of a student's course of study and may count toward the one-year OPT period. STEM OPT refers to Science, Technology, Engineering, and Mathematics OPT, a 2 year OPT extension available for certain STEM fields such as mathematics, engineering and computer science. 

The practical training programs have had a substantial increase in participants over the last ten years.  ICE's data includes Top 200 Employers for STEM OPT students from 2008-2017. OPT authorizations have grown about 2.5 times from 83,077 authorizations in 2007 to 219,635 in 2017. Since its creation in 2008, STEM OPT has seen immense growth from 2,169 authorizations to 60,410 in 2017. CPT participants have more than doubled over the past decade. 

figure 1 - Source: ICE website

Practical training is clearly a very popular option for foreign students. Last year, a total of 328,205 students have been authorized for OPT, 89,839 for STEM OPT, and 105,351 for CPT (see table). This growth will most likely continue, although the Trump administration is working on revamping the STEM OPT program and possibly curbing its availability.  

License Plate Reader (LPR) Service Used by ICE

U.S. Immigration and Customs Enforcement (ICE) has procured a commercial License Plate Reader (LPR) data service to support its law enforcement operations.  The LPR data service stores recorded vehicle license plate data from cameras equipped with license plate reader technology including:

• Toll road cameras;

• Parking lot cameras;

• Vehicle repossession companies; and

• Law enforcement agencies.

ICE reports that privacy and civil liberties protections have been implemented by the agency and the vendor regarding the use of LPR.

You Are Deputized!

Can a local police officer enforce Federal immigration laws?  Yes, if his law enforcement agency has signed a "287(g) agreement" with Immigration and Custom Enforcement (ICE). ICE is the immigration enforcement branch of the Department of Homeland Security (DHS).

Section 287(g) of the Immigration and Nationality Act (INA) authorizes DHS to deputize selected state and local law enforcement officers to enforce federal immigration law.  Under the 287(g) program, ICE and a state or local law enforcement agency sign a Memorandum of Agreement so that Federal authority is delegated to local law enforcement personnel to enforce the immigration laws. 

Recently the Trump Administration has been quite vocal about enlisting local law enforcement agencies, but the 287(g) program has actually been in place for many years.  Nevertheless, participation in the program has not been overwhelming.  According to ICE's website, currently it has 287(g) agreements with 42 law enforcement agencies in 17 states, and ICE has trained and certified more than 1,822 state and local officers to enforce immigration law.  

Most of the agreements were signed by Sheriff Offices and correctional facilities for "jail enforcement."   Under ICE supervision, local correctional officers are trained to identify and process foreign nationals with criminal background for deportation, based on enforcement priorities. 

Texas and North Carolina have shown the most support, each with five 287(g) agreements signed. Arizona, New Jersey, Massachusetts and Georgia each has three agreements signed.  As expected, coastal states and metropolitan areas such as New York City, Los Angeles, San Francisco, etc., have shown the least support for the program.  In fact, most of them are "sanctuary cities" fighting to protect the rights of the undocumented.    

The 287(g) Memorandum of Agreement defines the terms of the program, the scope and extent of the delegation of authority, supervisory structure, the chain of command, etc. Officers who wish to participate in the 287(g) program must be a U.S. citizenship, have completed background investigation, and have experience in current position. Further, they must not have any disciplinary actions pending.  They must also complete all training requirements, which include a four-week basic training program and a one-week refresher training program (completed every two years). 

Opponents of the 287(g) program argue that enforcement of immigration laws by local officers would hinder their ability to perform their primary duties of serving and protecting the community, as residents would be less likely to approach police officers to report crimes and provide information. Many state law enforcement agencies have taken a more balanced approach, reporting only the more serious violators of law to ICE. 

ICE New Detainer Guidance

The nation's immigration enforcement agency issued new national guidance on detention policy of individuals for removal purposes.  The new policy targets individuals who have serious prior criminal convictions including DUI, unlawful possession of firearms, unlawful flight from the scene of an accident; and individuals who post danger to public safety and who have previously been deported.  Individuals who have less serious immigration violations such as visa overstays and illegal entries are not priorities for immigration detention.

As an enforcement branch of the Department of Homeland Security, the Immigration (DHS) and Customs Enforcement (ICE) is charged with the responsibility to enforce the nation's immigration laws including the arrest, detention and removal of foreign nationals who are illegally present in the United States.  Recently, the agency released statistics on the numbers and profiles of individuals deported during fiscal year 2012, highlighting their efforts to remove from the country convicted criminals and other individuals that fall into priority areas for enforcement. During FY2012, ICE operation unit removed 409,849 individuals, of which approximately 55 percent, or 225,390 of the people removed, were convicted of felonies or misdemeanors.  These numbers almost double the numbers of criminal removal in  FY 2008.  Among those deported, 1,215 of them were convicted of homicide; 5,557 convicted of sexual offenses; 40,448 convicted for crimes involving  drugs; and 36,166 convicted for driving under the influence. According to ICE, about 96 percent of all ICE's removals fell  into their high priority category.

The new detention policy announced on December 21, 2012 is to further focus ICE resources on the most serious criminal offenders.   The guidance sets forth the circumstances in which the agency's officers and attorneys may lodge a "detainer" against a foreigner.  An immigration detainer (Form I-247) is a notice that DHS/ICE issues to federal, state and local law enforcement agencies to inform them that ICE intends to take over custody of an individual who is being held in detention by these agencies.  For instance, if a person is convicted of a crime by a state court and is also in violation of the U.S. immigration laws, upon completion of his sentence, ICE can issue a detainer to the state law enforcement agency demanding custody of the person.  The state agency must then hold the person in custody for up to 48 hours so that ICE may have time to take over custody of the individual. 

The new guidance is to further Department of Homeland Security (DHS) Secretary Janet Napolitano's direction to ICE that resources should be used on "key priorities in all aspects of its immigration enforcement efforts." Under the new guidance, ICE officers should issue a detainer against an immigration violator only where one or more of the following conditions apply: the individual has a prior felony conviction or has been charged with a felony offense; the individual has three or more prior misdemeanor convictions; the individual has a prior misdemeanor conviction or has been charged with a misdemeanor offense if the misdemeanor conviction or pending charge involves violence, threats, or assault;  sexual abuse or exploitation;  driving under the influence of alcohol or a controlled substance; unlawful flight from the scene of an accident; unlawful possession or use of a firearm or other deadly weapon; the distribution or trafficking of a controlled substance; or other significant threat to public safety.  

Other individuals who are targeted under the new detention policy include those who have been convicted of illegal entry into the U.S.; who have illegally re-entered the country after a previous removal or return; who have an outstanding order of removal; who have been found by an immigration officer or an immigration judge to have knowingly committed immigration fraud; or who otherwise poses a significant risk to national security, border security, or public safety.

Additional information on the Deferred Action Program for youngsters

On June 15, 2012, DHS Secretary released a memorandum authorizing the implementation of a Deferred Action program for young people who came to the U.S. under the age of 16 to be able to obtain temporary legal status.  Since then the DHS has released additional information on this program including the eligibility requirements, implementation process, and other related information.  The following is a summary of the key points:

What are the additional requirements for the Deferred Action Program?

Other than the requirements that the applicant entered the U.S. before the age of 16; attending or graduated from high school or having honorably served in the military; be a person of good moral character, etc., there are a few other additional requirements.  For example, applicants must be 15 years or older before they can apply.  Further, they must undergo a background check.  An individual must prove that he or she has resided in the United States for a least five years preceding June 15, 2012.  However, brief and innocent absences undertaken for humanitarian purposes will not violate this requirement. Finally, if they are subject to a final order of removal, their case will be subject to further review to determine if they are eligible.

How will the new Deferred Action be implemented?

Group1: Individuals who are not in removal proceedings will have to submit a request  for a review of their cases with supporting evidence to U.S. Citizenship and Immigration Services (USCIS).  Individuals may request deferred action if they meet the eligibility criteria.  The USCIS will release additional info on June 18, at their hotline number  1-800-375-5283.
Group 2: Individuals who are in removal proceedings before the Immigration Court or BIA, the Immigration and Customs Enforcement (ICE) will come up with a process to determine applicants' eligibility.   Beginning June 18, individuals may call the ICE hotline at 1-888-351-4024 for more info.

Group 3: Individuals who are in removal proceedings and have already been identified as meeting the eligibility criteria as part of ICE’s case-by-case review, ICE will immediately begin to offer deferred action to them.   

What are the benefits of the Deferred Action program?

Applicants who are granted deferred action will be issued employment authorization document (EAD) with two-year duration.  Renewals of both deferred action and the EAD are allowed.   However, they will not be granted permanent resident status or a pathway to obtaining permanent lawful status. Beneficiaries of deferred action may not bring their spouses and other dependents to the U.S. Each person must meet the requirements individually. DHS has not yet decided whether international travel is allowed after an individual is granted deferred action.

What documents are needed to prove eligibility?

Required documents to prove eligibility include but are not limited to: financial records, medical records, school records, employment records, military records, diplomas, GED certificates, report cards, and school transcripts. To prove an honorable discharge, one may use report of separation forms, military personnel records, and military health records.

What criminal background will render an individual ineligible for Deferred Action?

Individuals who have been convicted of a felony offense, a significant misdemeanor offense, or three or more other misdemeanor offenses not occurring on the same date and not arising out of the same scheme of misconduct are not eligible to be considered for deferred action under the new process. A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.  A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs.

For individuals who do not satisfy the eligibility criteria under this new process, can they still apply under the June 2011 Prosecutorial Discretion Memoranda?

Yes, these individuals may then request an exercise of prosecutorial discretion under the ICE June 2011 Prosecutorial Discretion Memoranda from ICE.  USCIS will not consider requests for review under the ICE June 2011 Prosecutorial Discretion Memoranda. 

Can individuals appeal a denial by ICE or USCIS of their request for an exercise of prosecutorial discretion under the new process?

One may not appeal a denial by ICE or USCIS of their request for an exercise of prosecutorial discretion.  However, ICE and USCIS will develop protocols for supervisory review as part of their implementation of the new process. Individuals in removal proceedings who believe their cases were not correctly handled may contact the ICE Office of the Public Advocate either by phone at 1-888-351-4024 or by e-mail atEROPublicAdvocate@ice.dhs.gov. 

If an individual’s request to USCIS for deferred action is denied, will he or she be placed in removal proceedings?

Under the existing DHS policy, individuals whose requests are denied under this process will be referred to ICE if  they have a criminal conviction or there is a finding of fraud in their request. 

How soon will a decision be made?

USCIS has not released information about the processing time of these requests yet. Stay tune for more information.

What if an individual is about to be deported from the U.S.?

If an individual is about to be deported but believes that he or she can meets the requirements for deferred action, he/she should immediately contact either the Law Enforcement Support Center’s hotline at 1-855-448-6903 (staffed 24 hours a day, seven days a week) or the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9 a.m. – 5 p.m., Monday – Friday) or by email at EROPublicAdvocate@ice.dhs.gov.   They should also contact a qualified immigration attorney for assistance.

Haitian F-1 Students Granted Special Employment Authorization

The Immigration and Customs Enforcement (ICE) made the following announcement on 8/26/2010:

Haitian F-1 students experiencing severe economic hardship from the
Jan. 12, 2010 Haiti earthquake eligible for employment authorization WASHINGTON - U.S. Immigration and Customs Enforcement (ICE) has approved special relief for certain F-1 Haitian students who have suffered severe economic hardship as result of the Jan. 12 earthquake in Haiti. This relief applies only to students who were lawfully present in the United States in F-1 status on Jan. 12, and enrolled in an institution that is certified by ICE's Student and Exchange Visitor Program. The suspension of certain regulatory requirements, by notice in the federal register, allows eligible Haitian F- 1 students to obtain employment authorization, work an increased number of hours during the school term, and, if necessary, reduce their course load while continuing to maintain their F-1 student status. F-1 students granted employment authorization by means of this notice will be deemed to be engaged in a full course of study if they meet the minimum course-load requirements specified in the notice.

ICE Online Detainee Locator System

In recent years, the U.S. government has been actively enforcing the immigration laws. Once a person is determined to be deportable from the U.S., actions are taken to place the person in removal proceedings. After an order of deportation becomes final, i.e., all appeals have been exhausted or abandoned, the person will be removed from the U.S. expeditiously. When deportation proceedings are pending, many respondents (subjects of removal proceedings) are detained in various federal and state detention facilities including federal prisons, state and county jails, and private detention centers. It is sometimes difficult for family members to locate these detainees, which are subject to transfer to new locations without prior notice. Respondents are sometimes detained at facilities far away from their family members and community, making it difficult to obtain legal representation.

The U.S. Immigration and Customs Enforcement (ICE) announced recently that it is taking concrete steps to address these detention issues. Specifically, the agency has launched the ICE’s Online Detainee Locator System (ODLS), a public, Internet-based tool designed to assist family members, attorneys and other interested parties in locating detained aliens in ICE custody. ICE is a branch of the U.S. Department of Homeland Security responsible for the removal and detention of unauthorized individuals in the U.S.

The public may access the ODLS through ICE’s public website www.ice.gov and obtain information about the location of the detention facility where a particular individual is being held, a phone number to the facility and contact information for the ICE Enforcement and Removal Office in the region where the facility is located. There is also a multi-lingual brochure explaining how to use the ODLS on the website in the following languages: English, Spanish, French, Mandarin, Vietnamese, Portuguese, Russian, Arabic and Somali.

To search for a detainee’s location and information, an ODLS user can enter an individual’s alien registration number, also known as their “A” number, and their country of birth. Alternatively, users can also search by entering an individual’s first name, last name, country of birth and date of birth. For privacy reasons, the system will only respond to ODLS queries if the data entered is an exact match of data in the system. Therefore, it is very important for family members to have correct and complete information at hand when accessing the system. Similarly, ICE will advise the detainees the importance of providing accurate biographical information (e.g., correct spelling of names) to ensure that their information is correctly stored on ODLS.

To protect the privacy of detainees, the system is smart enough to only produce information that is already known to the users but not additional biographic information. For instance, if a user enters the person’s alien number and country of birth, the result would only include this information but not the person’s name and date of birth. Also, juvenile’s (detainees under the age of 18) information will not be available on the system. It should also be noted that the system info is about 8 hours old, and a new detainee’s information may take some time to be uploaded. Before making plans to visit an individual, contact the detention facility to learn more about its visiting hours and rules.

The creation and activation of the ODLS is part of the ongoing efforts to reform the immigration detention system, as announced by ICE Assistant Secretary John Morton in August 2009. According to the agency, more concrete and sweeping steps will be taken to improve detainees’ medical and mental healthcare, as well as conditions of confinement.

Immigration and Customs Enforcement Sets Enforcement Priorities

A recent memorandum of the Immigration and Customs Enforcement (ICE), a branch of the Department of Homeland Security, places strong emphasis on the deportation of foreign nationals who are the subject of a final order of deportation. The December 8, 2009, memorandum, authored by Mr. John Morton, ICE Assistant Secretary, makes it clear that the agency’s core mission is the apprehension and removal of fugitive aliens. This memorandum sets up the agency’s priorities, goals, and expectations in terms of enforcement efforts and use of resources when dealing with these individuals.

“…[S]ound administration of the nation's immigration system depends on an efficient, fair, and meaningful removal process. As a result, it is the clear policy of this agency that final orders of removal should be enforced and that those who knowingly disobey or evade a final order of removal should be apprehended and removed,” according to the Assistant Secretary.

The ICE memorandum divides up enforcement efforts into three tiers as follows: Tier I Fugitive aliens (with final deportation orders). Tier 2 Previously removed aliens. Tier 3 Removable aliens convicted of crimes. Within each tier, individuals who post a threat to national security are given the highest priority, followed by foreigners who have been convicted of violent crimes or who otherwise pose a threat to the community.

Furthermore, when dealing with non-criminal deportable individuals, ICE officers are to consider other factors such as absentia orders and pending applications for relief before U.S. Citizenship and Immigration Services. Generally speaking foreigners who may have a chance of successfully reopening their cases and submitting relief applications from deportation are to be given lower priority unless there exists other aggravating circumstances. On the other hand, the most recently issued final orders of deportation and cases with the most investigative leads will be given higher priorities. ICE agents are encouraged to expeditiously act on current, time-sensitive leads to increase the chances of apprehension.

Although these tiers and levels provide some basic guidance to the agency, the Assistant Secretary emphasizes that they should not be applied “so rigidly as to undermine sound judgment when exceptions are warranted by circumstance.” This remark suggests that the field officers may and can use their discretion in individual cases.

ICE officers will also receive Constitution Law training every six months which will focus on the special issues and considerations involved when ICE officers are making arrests at personal residences. It should be noted that, during an enforcement operation, if other deportable aliens who are not targets of the operation are encountered by ICE officers, they will also be placed in removal proceedings.

Most of the deportable aliens will be detained if they are apprehended. Congress passed laws to make it mandatory to detain individuals with final orders of removal. However, those who are physically or mentally ill, disabled, elderly, pregnant, nursing, or the sole caretaker(s) of children or the infants are not subject to detention unless there exists other aggravating circumstances.

Although the number of apprehensions and removal will be tallied and recorded, the Assistant Secretary has emphasized that quotas will not be imposed on the field officers so as to increase the apprehension and removal of non-criminal aliens. Criminal aliens here refer to individuals who actually committed a crime or crimes but not those who became fugitives by virtue of their immigration status.