John Morton, ICE Director, recently issued an updated national detainer guidance to field officers. ICE operatives are instructed to lodge a detainer only when:
A. believe an alien subject to removal from the US; and
B. if any of the following is applicable:
-
prior felony conviction or charged with felony offense;
-
three or more prior misdemeanor convictions;
-
prior misdemeanor conviction or 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 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;
-
convicted of illegal entry pursuant to US;
-
illegally re-entered the US after removal or return;
-
outstanding order of removal exists;
-
individual determined to knowingly committed immigration fraud; or
-
the individual poses significant risk to national security, border security, or public safety.
