Florida Immigration Attorneys

Updated ICE Detainer Criteria

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:

  1. prior felony conviction or charged with felony offense;

  2. three or more prior misdemeanor convictions;

  3. 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.