Deferred Action Directive F.A.Q.s: Part IV

If an individual who satisfies the eligibility criteria is encountered by Customs and Border Protection (CBP) or ICE, will he or she be placed into removal proceedings?

This policy is intended to allow ICE and CBP to focus on priority cases. Pursuant to the direction of the Secretary of Homeland Security, for individuals who satisfy the eligibility criteria, CBP or ICE should exercise their discretion to prevent them from being apprehended, placed into removal proceedings, or removed. If individuals, including individuals in detention, believe they were placed into removal proceedings in violation of this policy, they should contact either the Law Enforcement Support Center.


If an individual accepted an offer of administrative closure under the case-by-case review process or if his or her case was terminated as part of the case-by-case review process, can he or she receive deferred action under the new process?

Yes. Individuals who can demonstrate that they meet the eligibility criteria will be eligible for deferred action even if they had accepted an offer of administrative closure or termination under the case-by-case review process. For 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 for a period of two years, subject to renewal.


If an individual declined an offer of administrative closure under the case-by-case review process, can he or she receive deferred action under the new process?

Yes. Individuals who can demonstrate that they meet the eligibility criteria will be eligible for deferred action even if they declined an offer of administrative closure under the case-by-case review process.

ICE Target Operation Arrests 13 Criminal Aliens in Massachusetts

During a two-day targeted enforcement operation in the Boston area, officers with U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) arrested 13 convicted criminal aliens.

Operation Threats Against the Community commenced April 26, 2012. All 13 taken into custody had prior criminal convictions. Additionally, 11 had multiple criminal convictions. Many of the criminal aliens taken into custody had prior convictions for serious or violent offenses including: possession of an illegal firearm; assault; assault and battery on a police officer; possessing and selling dangerous drugs; and drunken driving.

"The results of this targeted enforcement operation underscore ICE's ongoing commitment to public safety," said Vincent Archibeque, deputy field office director of ERO Boston. "When we focus on the arrest and removal of convicted criminal aliens we get an immediate payback in our communities. Because of the tireless efforts and teamwork of ICE officers – along with our state and local law enforcement partners – there are 13 fewer criminal aliens in our neighborhoods in Massachusetts."

The arrests took place in Lawrence, Mass., and Methuen, Mass. The Lawrence Police Department, Methuen Police Department, Massachusetts State Police, Essex County Sheriff's Office, Massachusetts Probation Service and ICE's Homeland Security Investigations (HSI) assisted over 25 ERO officers with the operation.

Of those arrested, all 13 were men and nationals of the following countries: one from Guatemala, one from Peru and eleven from the Dominican Republic. All were between the ages of 23 and 51.

All 13 were arrested administratively for being in violation of immigration law, and all are being held in ICE custody pending immigration removal proceedings or removal from the United States.

Some of those arrested during this operation include:

·                             A national of Guatemala who was convicted of the following crimes: two separate convictions for DUI; assault and battery on a police officer; and disorderly conduct and resisting arrest.

·                             A national of the Dominican Republic who was convicted of the following crimes: possession and distribution of cocaine; and possession and distribution of marijuana.

·                             A national of the Dominican Republic who was convicted of the following crimes: DUI; possession and distribution of heroin; possession of cocaine; and assault.

·                             A national of the Dominican Republic who was convicted of the following crimes: firearm offense; possession and distribution of cocaine; and possession and distribution of marijuana.

·                             A national of the Dominican Republic who was convicted of the following crimes: possession of heroin; and aggravated assault and battery.

"This operation, teamed with our routine targeting of criminal aliens, is an example of some of the many tools that ICE uses to effectively reduce crime at the street level in communities throughout New England," added Archibeque.

This enforcement action was spearheaded by ICE's National Criminal Alien Program, which is responsible for locating, arresting and removing at-large criminal aliens. The officers who conducted the operation received substantial assistance from ICE's Law Enforcement Support Center (LESC) located in Williston, Vt.

ICE is focused on smart, effective immigration enforcement that targets serious criminal aliens who present the greatest risk to the security of our communities, such as those charged with or convicted of homicide, rape, robbery, kidnapping, major drug offenses and threats to national security. ICE also prioritizes the arrest and removal of those who game the immigration system including immigration fugitives or those criminal aliens who have been previously deported and illegally re-entered the country.

Largely as a result of these initiatives, for three years in a row, ICE has removed more aliens than were removed in fiscal year 2008. Overall, in FY 2011 ICE removed 396,906 individuals nationwide – the largest number in the agency's history. Of these, nearly 55 percent or 216,698 of the people removed were convicted of felonies or misdemeanors – an 89 percent increase in the removal of criminals since FY 2008. This includes 1,119 aliens convicted of homicide; 5,848 aliens convicted of sexual offenses; 44,653 aliens convicted of drug related crimes; and 35,927 aliens convicted of driving under the influence. ICE achieved similar results with regard to other categories prioritized for removal. Ninety percent of all ICE's removals fell into a priority category and more than two-thirds of the other removals in 2011 were either recent border crossers or repeat immigration violators.