ICE (Immigration and Customs Enforcement)
📊 Explore ICE data →U.S. Immigration and Customs Enforcement (ICE) is the Department of Homeland Security (DHS) agency responsible for enforcing federal immigration law within the interior of the United States. Created in 2003 as part of the post-9/11 reorganization of the federal government, ICE has two main operational divisions: Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI).
ERO is the division most directly involved in immigration court proceedings. ERO identifies, arrests, detains, and removes noncitizens who are in violation of immigration law. ERO operates the nation's immigration detention system, manages alternatives to detention (such as ankle monitors and check-ins), and carries out deportation flights. ERO's arrest and removal statistics are closely tracked metrics in immigration policy debates.
HSI investigates transnational crime, including human trafficking, smuggling, cybercrime, and financial crimes. While important, HSI's work is less directly connected to immigration court proceedings.
In immigration court, ICE is represented by Office of the Principal Legal Advisor (OPLA) attorneys, who serve as the government's prosecutors. These attorneys argue for the removal of respondents, cross-examine witnesses, and can appeal immigration judge decisions to the BIA. The dynamic in immigration court is essentially ICE attorney versus respondent (who may or may not have their own attorney).
ICE's enforcement priorities have shifted significantly across administrations, ranging from focusing on individuals with serious criminal records to broader enforcement against any removable noncitizen. These shifting priorities directly impact immigration court caseloads and the types of cases judges hear.
ICE's annual budget exceeds $8 billion, and the agency employs approximately 20,000 people, making it a central player in the U.S. immigration system.
Related Terms
CBP (Customs and Border Protection)
The DHS agency that patrols U.S. borders, operates ports of entry, and processes encounters with people entering or attempting to enter the U.S. without authorization.
Removal Order
A judge's order requiring a person to leave the United States. Can be executed by ICE immediately (for detained individuals) or at a later date. A removal order carries a bar on future re-entry (typically 10 years).
Detained Docket
Cases heard in immigration courts located within or near detention facilities. Detained cases typically move faster but respondents have less access to lawyers and evidence gathering.
EOIR (Executive Office for Immigration Review)
The Department of Justice agency that houses all U.S. immigration courts and the Board of Immigration Appeals. EOIR employs the immigration judges who hear removal cases. It is separate from USCIS (which handles applications) and ICE (which handles enforcement).
Removal Proceedings
The formal process in immigration court where a judge determines whether a foreign national should be ordered removed (deported) from the United States or allowed to remain under some form of relief.