Immigrant Arrests by Border Patrol

choi

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US Customs and Border Protection (CBP) has its own attorneys who oversee its (CBP's) own removal (which in plain English is deportation) proceedings. U.S. Immigration and Customs Enforcement (ICE) has own attorneys and removal proceedings. Removal proceedings initiated by both agencies go before an immigration judge, an administrative judge within Department of Homeland Security. They (removal proceedings) from each agency do not mingle; in other words each agency handles its own cases. (If CBP catches a person at Arizona desert entering US illegally, will it hand the person over to ICE. Absolutely not.)

The following discusses arrest by CBP (and not ICE) and what follows.

(1) U.S. Customs and Border Protection
http://en.wikipedia.org/wiki/U.S._Customs_and_Border_Protection
("CBP is the largest law enforcement agency in the United States.[1][2] It has a workforce of more than 43,600 sworn federal agents and officers. It has its headquarters in Washington, D.C")

(2) Nina Bernstein, Border Sweeps in North Reach Miles Into U.S. New York Times, Aug 30, 2010.
http://www.nytimes.com/2010/08/30/nyregion/30border.html?scp=4&sq=border%20patrol&st=cse
("Unlike a criminal arrest, such detentions come with few due process protections. The woman was held at a county jail, then transferred across the country while her mother, a house cleaner, and a high school teacher tried to reach her. The woman first saw an immigration judge more than three weeks after her arrest. He halved the $10,000 bail set by the patrol, and she was eventually released at night at a rural Texas gas station.")

(3) Ryan Poulos, Nabbed: Now What?  A Look at How Illegal Immigrants are Processed. What’s Up! Free Entertainment Weekly for El Paso, Juarez, Las Cruces. Apr 13, 2011.
http://www.whatsuppub.com/showArticle.asp?articleId=7068
("When an area sees a steep increase or excessive illegal immigration problems, however, the Border Patrol sets up a designated 'no tolerance' zone. Illegal immigrants caught there can be sent to federal court for misdemeanor charges of entry without inspection and then face a trial and deportation.")

Yep, it was published yesterday. Still warm.

(4) Carl Shusterman, Freeing a Family from CBP Custody: A Lawyer's Perspective. Feb 14, 2010.
http://shusterman.typepad.com/nation-of-immigrants/2010/02/an-illegal-checkpoint-stop-a-lawyers-perspective.html
("Taking such persons into custody and issuing NTAs was a waste of governmental resources since the Immigration Judge would probably terminate proceedings to allow the person to adjust status before the USCIS.  However, the supervisor, ever polite, said, 'Mr. Shusterman, you may be correct, but we have to do what we have to do, and we will let the Immigration Judge decide what to do with your clients.'")

NTA is a Notice to Appear (with its own form number) in the removal proceeding.
EAD is acronym of Employment Authorization Document
http://en.wikipedia.org/wiki/Employment_Authorization_Document
(known popularly as a "work permit", is a document issued by United States Citizenship and Immigration Services (USCIS) that provides its holder a legal right to work)

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