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05-16-2010, 06:58 AM #1
National Fugitive Operations Program
National Fugitive Operations Program
By Mary Carmen R. Madrid-Crost • For Bayanihan • May 16, 2010
The Department of Homeland Security’s Immigration and Customs Enforcement, also known as ICE, is the agency that is responsible in enforcing final orders of removal and apprehend those who knowingly circumvent a final order of removal.
A fugitive alien is one who failed to depart the United States after issuance of a final order or removal or deportation or has failed to report to the agency after receiving such order. The focus of the National Fugitive Operations Program — also known as NFOP — is to remove fugitive aliens, but its resources may also be used to apprehend and remove those who were previously removed but returned illegally — this situation may not be as common in Guam — and criminal aliens.
Other classes of removable aliens are not within the ambit of NFOP but such individuals may be apprehended and removed if they are encountered in the course of carrying out such operations.
Fugitive aliens are classified according to tiers. Majority of the agency’s resources are focused on what is referred to as Tier 1 fugitive aliens, including: fugitives who pose a threat to national security, those convicted of violent crimes or who pose a threat to the community, those convicted of crimes other than a violent crime, and fugitives with no criminal convictions. A much smaller portion of the resources are devoted to removing aliens who were previously removed as well as those convicted of different levels of offenses.
In deciding whom to target, the agency may need to balance various factors such that less focus is placed upon those who are likely to have relief available. Limited resources are most likely placed on those with accurate investigative leads. ICE’s measure of success is a 5-percent increase in removed fugitive aliens over the past year. The system also credits efforts to locate high priority fugitive aliens.
Operation Cross Check and Operation Secure Streets are operations in collaboration with local United States Attorney’s offices. These operations are important as they identify criminal aliens who fall within the three tiers above. ICE’s strategy is to build relationships with various non-federal government units in carrying out their operations and sharing information that would help in enforcement.
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