U.S. Immigration and Customs Enforcement

U.S. Immigration and Customs Enforcement is a federal law enforcement agency under the United States Department of Homeland Security, created in 2003 as part of a government reorganization following the September 11 attacks. Its mission encompasses immigration enforcement, customs investigations, and combating transnational crime. The agency operates with a broad legal mandate derived from statutes like the Immigration and Nationality Act and the Homeland Security Act of 2002.

History

The agency was formally established on March 1, 2003, through the Homeland Security Act of 2002, which dissolved the United States Immigration and Naturalization Service and redistributed its functions. This restructuring, a direct consequence of the September 11 attacks, aimed to consolidate border security and interior enforcement under the new United States Department of Homeland Security. Key operational components were inherited from legacy agencies, including the investigative arms of the United States Customs Service and the United States Immigration and Naturalization Service. Its formation coincided with the creation of sister agencies like U.S. Customs and Border Protection and United States Citizenship and Immigration Services.

Organization and structure

The agency is headed by a Director, who reports to the United States Secretary of Homeland Security. Its primary operational divisions are Homeland Security Investigations and Enforcement and Removal Operations. Homeland Security Investigations is a global investigative force focusing on transnational crime, while Enforcement and Removal Operations manages detention and removal proceedings. The agency maintains numerous Special Agent in Charge offices across the United States and has attachés in over 50 countries, including major posts in Mexico City, London, and Beijing. It also operates several ICE Air Operations facilities for detainee transportation.

Functions and responsibilities

Primary functions include enforcing immigration laws within the interior of the United States, identifying and removing individuals deemed deportable, and managing a network of ICE detention centers. Its Homeland Security Investigations division combats crimes such as human trafficking, narcotics smuggling, cybercrime, and Intellectual property theft. The agency also oversees the Student and Exchange Visitor Program and investigates workplace violations through operations like those at Swift & Company meatpacking plants. It collaborates closely with other entities like the Drug Enforcement Administration and Federal Bureau of Investigation on joint task forces.

Legal authority and operations

Its legal authority is principally derived from the Immigration and Nationality Act, which grants powers to detain and remove noncitizens. The agency conducts operations through administrative warrants and utilizes programs like the Secure Communities initiative, which shares fingerprint data with the Federal Bureau of Investigation. It also employs 287(g) program agreements to delegate certain immigration enforcement powers to state and local law enforcement agencies, such as the Maricopa County Sheriff's Office under Joe Arpaio. Critical operations have included raids targeting MS-13 gang members and large-scale worksite enforcement actions.

Criticism and controversy

The agency has faced significant criticism from organizations like the American Civil Liberties Union and Human Rights Watch regarding detention conditions, particularly for families and children at facilities like the South Texas Family Residential Center. Its enforcement practices, including raids during the Trump administration, have sparked widespread protests. The use of solitary confinement and allegations of inadequate medical care have been subjects of congressional scrutiny and lawsuits, such as those filed by the Southern Poverty Law Center. Programs like Secure Communities have been criticized for eroding trust between immigrant communities and local police.

Leadership and personnel

Leadership is vested in a Director appointed by the President of the United States and confirmed by the United States Senate. Notable past directors include Julie Myers Wood, who served under President George W. Bush, and Sarah Saldaña, who served under President Barack Obama. The agency employs approximately 20,000 personnel, including over 7,000 Homeland Security Investigations special agents and 6,000 Enforcement and Removal Operations officers. Its personnel often work in conjunction with officers from U.S. Customs and Border Protection and the United States Coast Guard. The agency's training facilities include the Federal Law Enforcement Training Centers in Glynco, Georgia.