Current State of the ICE Secure Communities Program

Leaders from U.S. Immigration and Customs Enforcement (ICE) recently met with leaders from the American Immigration Lawyers Association to discuss the current state of the Secure Communities Program, a system by which aliens in criminal custody are apprehended by Immigration authorities.

ICE officials claim that in most cases, they adhere to federal regulation and provide written charges of deportation to aliens within 72 hours of being taken into criminal custody. They are working towards a goal of notifying attorneys of record when an individual is being detained by ICE, and have a priority of keeping detainees in the same geographical region where their families are located.

Once an alien with an immigration detainer posts a criminal bond or is ordered released from criminal custody, ICE must take the individual into custody within 48 hours. If they have not been released by the expiration of the 48 hours, legal action may be taken against the custodian of the individual (i.e., the sheriff or warden of the facility where they are being detained).