Citing Memorandum by USCIS of June, 2010, ICE announced new detainer guidelines against undocumented immigrants.
The new detainer guidelines are to be used in the nation’s criminal system at the federal, state, local, and tribal levels.
To wit, ICE officers should issue a detainer for an immigrant only where they have a reason to believe the individual is a subject to removal from the US, and one or more of the following conditions apply:
1. Prior felony conviction/or a pending felony charge;
2. Three or more prior misdemeanor convictions, but not minor convictions like traffic violations;
3. misdemeanor conviction/pending charge of a misdemeanor conviction for violence, threats, assault; sexual abuse or exploitation; DUI; flight from the scene; unlawful possession of firearm or deadly weapon; the distribution or trafficking of a controlled substance; other significant threat to public safety;
4. conviction of illegal entry/entry after prior removal ;
5. outstanding order of removal;
6. immigration fraud found by an IJ or an Immigration officer;
7. the individual is a significant risk to national security…
The guidance do not overrule prosecutorial discretion memo of 2011.
With that, it is good that that ICE removes the misdemeanor conviction/charge off the list of offences that may trigger the detainer.
If you have immigration concerns, contact New York Immigration attorney at 917-885-2261.