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How does ICE determine if somebody should be deported?

On Behalf of | Mar 25, 2025 | Immigration Law

Immigration and Customs Enforcement (ICE) decides whether to deport someone based on their immigration status, past violations and potential risks to public safety. 

Most ICE arrests happen when people are already in custody, but the agency also conducts at-large arrests in communities and workplaces. ICE may identify deportable persons through:

Arrests through local law enforcement

Many deportation cases begin when local police or sheriff’s departments arrest someone. Fingerprint scans run through national databases can flag individuals with past immigration violations, prior removal orders or undocumented status. If ICE determines that a person is deportable, it may issue a detainer request, asking local authorities to hold the individual for up to 48 hours beyond their scheduled release.

ICE also monitors state prisons and local jails, identifying noncitizens who may be removable. In these cases, ICE often initiates the deportation process before the person finishes their sentence to facilitate immediate removal upon release.

Community and workplace arrests

In addition to working with law enforcement, ICE conducts independent operations to locate and detain noncitizens. These at-large arrests occur in homes, workplaces or public spaces and rely on extensive data analysis. ICE agents use motor vehicle records, commercial databases and other sources to track individuals suspected of being in the U.S. without authorization.

Unlike custodial arrests, at-large operations require more resources and planning. ICE does not need a warrant to make an arrest in a public space, but entering private property requires consent or a judicial warrant. Workplace raids, in particular, attract public attention and can create fear within immigrant communities.

Agreements with local agencies

Under 287(g) agreements, ICE trains local law enforcement officers to enforce immigration laws. These agreements allow officers to check immigration status, issue detainers, and, in some cases, make immigration-related arrests. The extent of local involvement varies, with some agencies focusing only on detention while others actively assist in enforcement.

The level of local cooperation and ICE’s available resources influence how removal proceedings unfold. Obtaining legal guidance can be helpful for individuals facing immigration enforcement actions.