U.S. Immigration and Customs Enforcement (ICE) has established enhanced policies and procedures for determining the potential release of detained individuals with criminal convictions. Last year, Secretary Johnson ordered ICE leadership to reevaluate the factors that lead to either the determination to set a bond amount or the release of the individual with a criminal conviction. Since then, ICE has focused on their custody and removal resources on public safety and national security threats. While the criminal convictions released in Fiscal Year 2014: 30,558, are lower than criminal convictions released in Fiscal Year 2013: 36,007, Secretary Johnson is still concerned. The following are the increased policies and procedures that ICE has instituted in order to make certain that mandatory and discretionary release are executed to increase public safety and protect communities.
- The release of individuals with criminal convictions, including individuals convicted of two or more felonies or any single aggravated felony, must be approved by an Assistant Field Office Director, Deputy Field Office Director, or Field Office Director.
- Detention capacity should not be a determinative factor in the release of an individual with a serious criminal record.
- ICE established a panel of senior managers to review potential release decisions of individuals convicted of crimes of violence. The panel will assemble monthly and report regularly to ICE leadership.
- To enhance the supervision of the release of detained individuals ICE may enhance physical and telephonic reporting and other methods of supervision such as use of ICE’s Alternatives to Detention Program.
- ICE will provide appropriate information regarding the release of individuals with criminal convictions to state law enforcement authorities in the relevant jurisdiction.
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