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D. Detention and removal system
59. On 2 November 2005 the Department of Homeland Security announced to the public a
multi-year plan called the Secure Border Initiative (SBI) to increase enforcement along the
United States borders and to reduce illegal migration. The SBI is divided into two phases.
60. The first phase includes a restructuring of the detention and removal system through the
expansion of expedited removal and the creation of the “catch and return” initiative, in addition
to greatly strengthening border security through additional personnel and technology.
61. The second phase, the interior enforcement strategy, was unveiled to the public
on 20 April 2006. It is through this initiative that U.S. Immigration and Customs Enforcement
(ICE) has expanded operations that target undocumented workers and individuals who are in
violation of immigration law. The operations also target all non-citizens, including refugees,
legal permanent residents, and others with permission to reside in the United States, who have
any of a long list of criminal offences on their records, including minor offences, which result in
the mandatory detention and deportation of these individuals in accordance with the immigration
laws passed in 1996.10
62. The primary goal of the IES is to “Identify and remove criminal aliens, immigration
fugitives and other immigration violators.” According to the Office of Detention and Removal
Operations:
• A criminal alien is a non-citizen who has been convicted of a crime while residing in the
United States, either legally or illegally. This includes charges ranging from shoplifting
to work document fraud and murder. After having served their sentence, these
individuals face a separate administrative procedure to determine whether they should
be removed from the United States.
• An immigration fugitive is someone who has been ordered deported by an immigration
judge but has not complied with the order. In actuality, a number of these deportation
orders were issued in absentia and often mailed to incorrect mailing addresses.
• Other immigration violators or non-fugitive violators are people who are in some way in
violation of current immigration law, but have not been issued a final order of
deportation. This includes people who are undocumented, have overstayed their visas,
or are in violation of an immigration law that might not have existed at the time of their
original entry.
63. Increasing workplace and household raids by ICE agents have terrorized immigrant
communities. Besides their frequent disregard of due process, these raids have left an indelible
mark by forcibly separating many families.
10
Immigration and Nationality Act, section 287 (g).