Criminal Alien Program (CAP) FOIA Documents
Cover letter dated Oct, 19, 2012 from Catrina M. Pavlik-Keenan, FOIA Officer, ICE to Michael Wishnie, Director of the Jerome N. Frank Legal Services Organization at Yale Law School. The letter states that ICE continues to take the position that the request is insufficiently defined and imposes an unreasonable burden on ICE. Notwithstanding ICE’s position and the fact that the lawsuit is the subject of litigation, ICE is providing the results of a two-hour search of the ICE Office of Enforcement and Removal Operations for records responsive to the FOIA request. The search, conducted in conjunction with the preparation of the Declaration of Jamison Matuszewski, produced 473 responsive pages of documents, of which 303 were released in full. The responsive portions of the remaining pages were withheld pursuant to FOIA exemptions 5, 6, 7(C) and (E).
Pages 11-12: ICE memo (9/29/06) re: ICE’s transfer of program responsibility and staff (Immigration Enforcement Agents and Investigative Assistants) assigned to the Office of Investigations’ (OI) Institutional Removal Program (IRP) and Alien Criminal Apprehension Program (ACAP) to the Office of Detention and Removal Operations (DRO) consolidated Criminal Alien Program (CAP).
Pages 13-16: Plan for Transition of CAP from the Office of Investigations’ (OI) to the Office of Detention and Removal (DRO) (6/9/04). States that ICE is "vigorously pursuing innovative methods for identifying and processing criminal aliens through technology, developing ‘force multipliers,’ and reducing the demands of ‘traditional’ DRO work (transportation of aliens, jail inspections, etc.). These are all integral parts of the DRO IRP/ACAP strategy and ultimately, the ‘Endgame.’" The transition plan notes that “any real, future success of the DEPORT unit will depend on the BOP [Bureau of Prisons] and it’s willingness to work with us, either with future implementation of VTC’s [video teleconferencing] down to the simple grouping of bodies for interviews.”
Pages 27-68: Draft CAP Transition Plan (Feb. 2006). This plan discusses the Institutional Removal Program (IRP) and Alien Criminal Apprehension Program (ACAP) – both consolidated under CAP. The plan also discusses an ICE study that estimated the number of foreign born nationals within state and local institutions and estimated that an agent could screen 600 “foreign born admissions” to a facility and process “300 foreign born cases” in a year. The plan also discussions the need for increased detention space and reduction of detention time by increasing the number of removal orders.
Pages 110-117: Performance Metrics Specific to Deportable Criminal Alien Identification and Removal (undated). Charts include the targeted number of charging documents issued from 2008 through 2014 and the projected number of foreign born nationals removed from the U.S. based on identification by CAP from 2008 through 2014.
Pages 125-127: List of DRO Field Offices and Other ICE Offices that Conduct Deportable Criminal Alien Identification and Removal Activity (2/9/2009). The list is partially redacted.
Pages 128-134: List of State and Local Deportable Criminal Alien Identification and Deportation External Stakeholders (undated). The list provides the state and local agencies and the type of MOA that the locality has entered into with ICE, the facilities with video teleconferencing in 2008 and 2009.
Pages 135-137: List of State and Local Detention Facilities that have Deportable Criminal Alien Identification and Deportation Agreements with ICE (undated). The list provides the state and local agency as well as the type of MOA the agency has entered into with ICE and the signature date.
Page 139: Chart of the “CAP Removal Process” (undated).
Pages 141-142: CAP Team Surge Office Activity Reports (FY 2008 and 2009). These charts provide the names of the field offices, the detention facilities, the surge start date, the surge end date, the number of CAP interviews, the number of those interviewed that were amenable to removal as well as the numbers of detainers lodged.
Pages 147-149: List of IT Systems that Support ICE’s Deportable Criminal Alien Identification and Removal Efforts (undated).
Pages 154-191: CAP Reports from Field Offices (data collected between 12/27/08 and 1/2/09). The reports captures data from weekly reports from the ICE field offices to CAP Headquarters. The reports highlight the number of inmates screened, detainers lodged and charging documents issued based on
Pages 193 – 195: Memo to ICE Field Offices re: Reporting Guidance for the Criminal Alien Program (Dec. 21, 2007). The memo provides nine core tracking and reporting metrics as well as manual and electronic reporting requirements. The memo defines a “CAP case” as any removable alien identified in Federal, state and local jail or prison, regardless of the status of conviction.”
Pages 196-199: Memo to all DRO employees re: CAP Case Identification in ENFORCE (July 11, 2006). The memo states that all detainers lodged will be processed utilizing the Enforcement Case Tracking System (ENFORCE). Particular codes entered in ENFORCE will “allow the Criminal Alien Program staff to track and report statistical information on cases processed at each level of incarceration.” The memo includes screen shots of ENFORCE.
Pages 228-229: Memo to Field Offices re: Prosecution Reporting (Sept. 8, 2008). States that every field office program must include: “The screening of all individuals encountered through …CAP…for possible prosecution under violation 8 USC 1326 or any other federal violation…” “Through prosecutions, DRO seeks to continue its present focus on increasing border security. Increased border security will increase deterrence and reduce recidivism.”
Pages 230-231: Memo to Field Offices re: Criminal Alien Statistics (Aug. 29, 2008). Describes how National Crime Information Center (NCIC) information must be recorded according to three levels of criminal offenses: Level 1, Level II and Level III.
Pages 240-244: Memo re: Recommendations to Improve Removal Processes (Feb. 22, 2007). States that “[t]he majority of cases coming out of CAP are excellent candidates for stipulated removals. Most aliens would prefer to be removed from the U.S. when released rather than spend additional time in a DRO detention facility.”
Pages 327-469: ICE Institutional Removal Program National Workload Study (Sept. 2004). The scope of this study was to collect record-level data from the 50 state DOCs and from 63 county jails that were targeted on the basis of having the largest potential IRP workload. The collected historical data were analyzed and used to develop forecasts of future IRP workload. The analysis produced the following key findings for the locations that provided data for the study:
- A total of 382,466 foreign-born inmates were admitted in FY 2003, 346,152 to jails and 36,314 to DOCs.
- By FY 2007, a total of 379,445 foreign-born admissions are projected for the same jails (a 9.6% increase) and 40,554 for the DOCs (an 11.7% increase).
- The largest concentration of foreign-born jail admissions is found in California, Texas, Florida, Arizona, New York, Illinois, and Georgia. The jails located in these seven states accounted for 90% of the FY 2003 workload and are projected to account for 89% of the FY 2007 workload.
- Mexican-born inmates represent the largest concentration of foreign-born jail and DOC inmates (59.6%). Inmates from El Salvador, Guatemala, and Jamaica represent the next three largest cohorts.
- 58.3% of foreign-born jail inmates remain in custody for three days or less; 83% remain in custody for 30 days or less.
- 32.5% of foreign-born DOC inmates remain in custody for six months or less; 51.8% serve sentences of one or more years.
- 6.2% of foreign-born inmates are charged with Index crimes, 14.1% are charged with drug crimes, and 79.7% are charged with other violations.
Hold CBP Accountable
actions taken across the country in an ongoing effort to establish accountability and transparency of one of the fastest growing agencies in the United States.
Administrative Relief Resource Center
Learn how individuals can prepare for administrative relief, find legal assistance and community education resource, and ways that you can help immigrants and immigrant-serving organizations.
- District Court Rules Grant of TPS Is an Admission for Adjustment of Status Purposes
- First Circuit Joins Other Courts in Holding That Immigrants Can Pursue Cases From Outside the United States
- Seventh Circuit Decision Expands Availability of Hardship Waivers to Lawful Permanent Residents
- ICE Agrees to Release Thousands of Previously-Withheld Records
- Court Says ICE Failed to Satisfy FOIA Requirements in Council’s Suit to Compel Disclosure of Records on Access to Counsel
- Eleventh Circuit Holds That Filing Limitations on Motions to Reopen Are Subject to Equitable Tolling
- Letter to DHS Outlines Problematic Practices That Undermine Due Process Protections for Asylum Seekers
- Transfers of Detained Families Traumatizes Mothers and Children and Interferes with Access to Lawyers
- Unrepresented, Unaccompanied Children Ordered Deported After Just One Hearing
- Can State Agencies License The Detention of Immigrant Families?
- Temporary Restraining Order Against Texas Family Detention Centers Issued
- Supreme Court Considering Whether Misdemeanor Results in Automatic Deportation
- Obama Administration Goes to the Supreme Court in DACA and DAPA Lawsuit
- Visa Bulletin Change Fails to Deliver
- Visa Bulletin “Do-Over” Undercuts Visa Modernization
- First Step in Visa Modernization: Making the Wait More Palatable
- Five Families Released After Prolonged Detention
- Restrictionists Continue to Attack H-4 Work Authorization
- Government Ordered to Promptly Release Children From Family Detention
- Court Issues Decision in Washtech, Case Challenging Training for U.S.-Educated Noncitizens
- Annual Review of State-Level Immigration Policy Still Trending Pro-Immigrant
- The Government Doubles Down on Locking Up Immigrant Mothers and Children
- Insider Speaks Out Alongside Formerly Detained Mothers Seeking Protection in the U.S.
- Court Finds Federal Officers Can be Sued for Mistreatment of Immigrants in Detention
- Judge’s Order in Flores Should Signal the End of Family Detention
- White House Report on Improving Our Legal Immigration System: Too Little Too Late?
- Some 3-Year Work Permits Being Recalled by USCIS
- Appellate Court Hears Oral Argument in Texas v. United States
- U.S. Settles With 4-Year-Old U.S. Citizen They Wrongfully Deported
- Members of Congress Report on Texas Family Detention Center Visits
- Supreme Court Finds Conviction for Possession of a Sock Was Not a Deportable Offense
- Court Rejects Restrictionists’ Attempts to Derail Work Authorization for H-4 Spouses
- Immigration Appeals Court Reverses Position on Deportation Waivers
- Why DAPA Applications Were Not Accepted by USCIS on May 19, 2015
- Reports: Detention Doesn’t Deter Migrants and Refugees From Coming to United States
- Arpaio Faces Skeptical Judges In Lawsuit Challenging Obama’s Immigration Action
- Supreme Court to Decide Whether It’s Okay to Deprive a Person of His Day In Immigration Court
- No Justice For Family of Mexican Child Killed By U.S. Border Patrol Agent
- The Court Decision on Deferred Action Everyone Should Be Talking About
- Faith Leaders Visit Immigrant Detention Center as Mothers Begin Hunger Strike
- Immigration Agency Issues Long-Awaited Guidance on L-1B Visa Petitions
- Government Claims Children in Family Detention Centers Are Not Entitled to Protections
- Documenting Ongoing Border Patrol Abuses
- Immigration Action Provides Certain H-4 Spouses Work Authorization
- New Immigration Enforcement Policy Remains In Effect Despite Texas Lawsuit
- Supreme Court Hears Argument on Whether Government Must Justify Its Visa Denial
- The Detention of Children and Their Families is Still Unjust and Still Against the Law
- Unrepresented Children Still Being Fast-Tracked Through Immigration Hearings
- When is Possession of a Sock a Deportable Offense?
- U.S. Education of Foreign Students is Under Attack
- Do the President’s New Immigration Policies Really Mark the End of Secure Communities?
- How New Guidance Improves a Waiver Program to Limit Family Separations
- Five Things to Know About Deportation Relief for Some Immigrant Parents
- How Many Immigrants Could Be Eligible for Relief and Not Know It?
- Civil Rights Complaint Documents Government’s Failure to Properly Screen Asylum Seekers
- Third Federal Court Rejects Government Interpretation of ‘Admission’ into U.S.
- How USCIS Tried to Keep Out a Skilled Brazilian Steakhouse Worker
- How Can a Three Year Old Represent Himself in Court?
- Report Discloses Deportation of Central American Asylum Seekers
- Federal Court Refuses to Dismiss Case of U.S. Citizen Girl Who Was Deported
- Inspector General Falls Short in Documenting Border Detention Conditions
- Why Groups Are Suing the Government over Rushed Deportation Process for Mothers and Children
- Courts Continue to Reject Arizona Style Laws, Even as House Embraces SAFE Act
- Here Are Some of the Stories of Women Held at Artesia
- Why We are Suing the Government on Behalf of All Children Facing Deportation
- District Court Decides Some TPS Beneficiaries May Finally Become Lawful Permanent Residents
- SCOTUS Decides Immigrants Can “Age-Out” of Visa Petitions
- The DACA Renewal Process: Everything You Need to Know
- CBP Releases Report Critical of Agency, Issues Updated Use of Force Policy
- Summary Removal Procedures and Their Role in Rising Deportations
- New Data Show More Than Half a Million Immigrants Granted DACA
- Drop in Court-Ordered Deportations Means Little to Overall Deportation Numbers
- USCIS Releases Information About DACA Renewal Process
- Circuit Court Ruling Affirms Detainers Not Mandatory
- New Directive Clarifies Existing Use of Force Policy at CBP
- Customs and Border Protection Conceals Scathing Audit of Border Patrol’s Use of Force Policy
- What the DACA Renewal Process Should Look Like
- Petition Challenges DHS on Enforcement Priorities
- The Washington Post Exposes Sorry State of Immigration Courts
- Miranda-like Warning for Immigrants Argued in Ninth Circuit
- Why Is There a Disparity in DACA Application Rates Among Different Nationalities?
- Supreme Court Considers Restrictive Interpretation of Child Status Protection Act
- The Punishment Should Fit the Crime for Immigrants, Too
- Keeping CBP In Line With Proposed Reforms
- Understanding DACA's Education Requirement
- Supreme Court to Interpret Child Status Protection Act
- New York City Pilots Free Legal Representation in Immigration Court