Each year, the Department of Homeland Security (DHS) undertakes immigration enforcement actions involving hundreds of thousands of foreign nationals (for definitions of immigration enforcement action terms, see Box 1). These actions include the arrest, detention, return, and removal from the United States of foreign nationals who are in violation of the Immigration and Nationality Act (INA). Violations include losing legal status byfailing to abide by the terms and conditions of entry or by engaging in crimes such as violent crimes,document fraud, terrorist activity, and drug smuggling.
Primary responsibility for the enforcement of immigration law within DHS rests with U.S.Customs and Border Protection (CBP)and U.S.Immigration and Customs Enforcement(ICE). CBP is responsible for the inspections of all arriving persons and conveyances at ports of entry andthe deterrence or apprehension of illegal immigrants between ports of entry. ICE is responsible for enforcing immigration laws within the interior of the United States.
This Office of Immigration Statistics Annual Report presents information on the apprehension, detention, return, and removal of foreign nationals during 2008.
Key findings in this report include the following:
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DHS apprehended 792,000 foreign nationals; 88 percent were natives of Mexico.
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The number of foreign nationals apprehended by the Border Patrol decreased 17 percent from 2007 to 2008.
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ICE detained approximately 379,000 foreign nationals.
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Nearly 359,000 aliens were removed from the United States--the sixth consecutive record high. The leading countries of origin of those removed were Mexico (69percent), Honduras (8percent) and
Guatemala (7.7percent).
- 811,000 foreign national saccepted an offer to return to their home countries without a removal order.
- Expedited removals accounted for 113,500 or 32 percent of all removals.
- DHS removed 97,100 known criminal aliens from the United States.
In this report, years are fiscal years (October 1 to September 30).
ICE physically removed approximately 263,000 foreign nationals during 2008. CBP physically removed the remainder, 96,000.
Enforcement Program Activities
Inspections
CBP Officers determine the admissibility of aliens who are applying for admission to the U.S. at designated ports of entry. CBP Officers may permit inadmissible aliens the opportunity to withdraw their application for admission, or they can refer an alien to an immigration
judge for removal proceedings. Officers have the authority to order certain aliens removed under expedited removal proceedings without further hearings or review by an immigration judge.The expedited removal order carries the same penalties as a removal order
issued by an immigration judge.
Border Patrol
The primary mission of the Border Patrol is to secure approximately 7,000 miles of international l and border with Canada and Mexico and 2,000 miles of coastal border of the UnitedStates. Its major objectives are to prevent entry into the United States of illegal aliens and foreign nationals suspected of terrorism and other criminal activity, to interdict drug smugglers and other criminals, and to compel those persons seeking admission to present themselves legally at ports of entry for inspection. Border Patrol operations are divided into
geographic regions referred to as sectors.
Investigations
The ICE Office of Investigations conducts criminal investigations that focus on the enforcement of a wide variety of laws that include immigration statutes. Special agents plan and conduct complex investigations of organizations and serious violators subject to the administrative and criminal provisions of the INA as well as other sections of the United States Code. ICE Special Agents also work as
team members in multi-agency task forces combating terrorism, violent crime, document fraud, narcotic trafficking, human trafficking and smuggling, and various forms of organized crime. In addition,the ICE Office of Investigations conducts work site enforcement operations that are focused on the criminal prosecution of employers who knowingly hire illegal workers.
Definitions of Immigration Enforcement Terms
Administrative Removal: The removal of an alien under a DHS
order based on the determination that the individual has been convicted of an aggravated felony or certain other serious criminal offenses. The alien may be removed without a hearing before an immigration court.
Deportable Alien: An alien who has been admitted into the United
States but who is subject to removal pursuant to provisions of the Immigrationand Nationality Act(INA§237).
Detention: The seizure and incarceration of an alien in order to hold him/her while awaiting judicial or legal proceedings or return transportation to his/her country of citizenship.
Inadmissible Alien: An alien seeking admission into the United
States who is ineligible to be admitted according to the provisions of the Immigration and Nationality Act(INA§212).
Removal: The compulsory and confirmed movement of an
inadmissible or deportable alien out of the United States based on an order of removal. An alien who is removed has administrative or criminal consequences placed on subsequent reentry owing to the fact of the removal.
Return: The confirmed movement of an inadmissible or deportable
alien out of the United States not based on an order of removal.
Expedited Removal: (INA§235(b))A process by which DHS may
order an alien removed. This requires a finding that the alien is in admissible pursuant to INA§212(a)(6)(C)or(a)(7)based on having fraudulent documents or not having proper entry documents. Such aliens are generally removed without further hearing or review.
Withdrawal: An arriving alien's voluntary retraction of an application for admission to the United States in lieu of a removal hearing before an immigration judge or an expedited removal.
Detention and Removal
DRO officers conduct reviews to determine appropriate custody conditions, which may include release of detained aliens on parole, bond, recognizance, or pursuant to orders of supervision where appropriate. DRO officers enforce the departure of removable aliens from the United States under final removal orders.
The Removal Process.
Removal proceedings include the actions that lead to the removal of an alien inviolation of Sections 237 or 212 of the INA. Most removal proceedings are conducted before an immigration judge. Possible outcomes of an immigration hearing include removal, adjustment to legal status, or a termination of proceedings. Decisions of the immigrationj udge can be appealed to the Board of Immigration Appeals.
The penalties associated with removal include not only the removal itself but also possible fines, imprisonment for up to 10 years for aliens who do not appear at hearings or who fail to depart, and a bar to future legal entry.(The bar is permanent for aggravated felons and up to 20 years for certain other aliens.) The imposition and extent of these penalties depend upon the circumstances of the case.
Expedited Removal.
Under expedited removal, an immigration officer may determine that an arriving alien is inadmissible because the alien engaged in fraud or misrepresentation or lacks proper documents. The officer can order the alien removed with out further hearing or review, unless the alien states a fear of persecution or an intention to apply for asylum. Officers refer aliens who make such pleas to an asylum officer,and the case may eventually be argued before an immigrationjudge.
Return.
In some cases,apprehended aliens maybe offered the opportunity to return to their home country without being placed in immigration proceedings. This procedure is common with non-criminal aliens who are apprehended by the Border Patrol.Aliens agree that their entry was illegal, waive their right to a hearing, remain in custody, and are returned under supervision.
Some aliens apprehended within the United States agree to voluntarily depart and pay the expense of departing. These departures maybe granted by an immigration judge or, in some circumstances ,by a DRO Field Office Director. In certain instances, aliens who have agreed to a return may be legally admitted in the future without penalty.
Officers and agents of the Detention and Removal Operations (DRO)program serve as the primary enforcement arm within ICE for the identification, apprehension, and removal of illegal aliens from the UnitedStates. DRO identifies and apprehends illegal aliens, fugitive aliens, and criminal aliens; manages cases in mmigration proceedings; and enforces orders of removal from the United States.
