Detention Use Policy
96ACT.049;HQCOU 90/20; 50/1; 50/10
Subject:Detention Use Policy
Date: July 14, 1997
From: Office of Regional Directors the Commissioner
To: Management Team
District Directors
Chief Patrol Agents
Officers in Charge
Chief, Immigration Officer
Academy, Glynco, GA
Chief Patrol Agent, Glynco, GA
Regional Counsel
District Counsel
On September 30, 1996, the President signed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) into law. In addition to bringing sweeping changes to the removal process, IIRAIRA institutes mandatory detention for several new classes of aliens, inclding those subject to expedited removal, subject to the Transition Period Custody Rules (TPCR), or subject to a final order of removal.
Given these changes, we have revised our detention priorities and are issuing this new Detention Use Policy. The new policy is effective immediately and replaces the previous Detention Priority List issued May 14, 1995. Please see that it is distributed promptly to all appropriate personnel. It is imperative that each office fully understand the statutory obligations and revised detention priorities set forth in this policy.
Meeting the new detention provision of IIRAIRA will be a challenge. The Immigration ad Naturalization Service (INS, Service) has limited detention resources to address both mandatory detention and the agency’s traditional responsibilities for border control, anti-smuggling, and worksite enforcement. Careful coordination between Headquarters, the field, and the various program units involved in these enforcement initiatives will be needed to ensure that, to the fullest extent of its resources, the Service meets its mandatory detention obligations while maintaining a balanced enforcement effort.
At some point in the near future, we expect that there will be insufficient detention space to meet the requirements of both mandatory detention and our other enforcement initiatives. Where this happens, the District in question should address mandatory detention requirements first and curtail detention support for other enforcement initiatives unless additional detention space can be secured from another District or the Region. If critical shortages develop, the Region may transfer available detention funds to increase space in an affected District or, if no Regional funds are available, request additional funds from Headquarters. All detention shortages in the field should be reported immediately to the Region and to Headquarters.
Specific operational questions regarding this policy should be directed to your Region or to the Office of Field Operations. Legal questions should be directed to District or Regional Counsel.
Doris MeissnerCommissioner
Attachment