ICE doesn’t independently decide who gets deported. Generally, immigration judges within the Executive Office for Immigration Review (EOIR) issue removal orders after legal proceedings, and ICE then enforces those orders through custodial or at-large arrests based on federal data sources and law enforcement coordination.
When agents from United States Immigration and Customs Enforcement (ICE) detain foreigners, they apply custodial and at-large strategies. They get their field orders from superiors who compile lists of “deportable” individuals from various sources, including internal records, court documents, law enforcement databases, commercial broker datasets, and others.
It’s important to understand that ICE agents don’t decide when or why someone should be deported. The decisions are made by the EOIR, commonly known as “immigration court.” A federal judge must issue a Final Order of Removal, which implies deportation, before ICE agents can physically remove a foreigner. In the absence of a removal order, a foreign detainee has the right to consult an immigration law firm and demand due process.
What Is a Custodial Arrest?
A custodial arrest typically begins when local law enforcement shares arrest data with ICE through fingerprint database checks. This is when local law enforcement agencies have cooperation agreements to cross-reference fingerprints with federal immigration databases. If a match occurs, the arrest data is sent to ICE for review and potential issuance of detainer orders to transfer custody. These custodial arrests are the most common methods to trigger deportation hearings and removal orders.
What Is an At-Large Arrest?
At-large arrests involve ICE agents locating and detaining individuals directly in the community without prior custody. The chaotic and deadly Operation Metro Surge in Minneapolis during January 2026 is an example of ICE at-large arrests, which generate news headlines and spark protests. Essentially, at-large arrests are catch-and-detain operations that ICE labels as “community based.” To locate individuals, ICE agents tap into commercial databases, utility records, court dockets, and DMV files. Since the beginning of the second Trump administration, ICE agents have also been conducting street patrols and racial profiling to boost their detention statistics.
What Happens during ICE Operations?
Custodial operations are structured transfers from local custody, while at-large operations involve field enforcement actions with greater uncertainty. Custodial detention operations are mostly systematic. Most detainers are valid for 48 hours. They give ICE agents time to coordinate the transfer to federal custody. The transfer unfolds in a controlled environment that minimizes physical conflict. At-large detention operations unfold with a high degree of risk and uncertainty. They can be conducted during workplace raids under the pretext of regulatory oversight, through the use of Automated License Plate Reader (ALPR) technology, community sweeps, and tactical entry.
How Can I Protect Myself?
You can protect yourself by understanding your legal rights, remaining silent, and preparing a safety plan in advance. The aggressive and despotic tactics of ICE agents since February 2025 are exacerbated by the politically charged climate that caused the shooting deaths of two U.S. citizens in Minneapolis. Regardless of immigration status, all individuals on American soil have legal rights and protections. Remember you always have the right to remain silent, so you don’t have to answer questions. Safety plans are crucial in 2026. They should include memorizing emergency contact numbers. For immigrants in Southern California, it’s essential to memorize the contact information for an immigration lawyer in San Diego.
Frequently Asked Questions
What are ICE, ERO, and HSI?
ICE is the parent agency of Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI). ERO agents mostly handle routine immigration situations with automatic removal, like overstaying visas. HSI focuses on migrant smuggling and organized visa fraud.
Why do ICE agents ask so many questions?
Anything you say can be used against you, even if you’re not arrested. For this reason, the Fifth Amendment of the U.S. Constitution gives you the right to remain silent.
Can ICE agents enter my house?
Not without a judicial warrant. They cannot enter a residence with a Form I-205, Warrant of Removal, signed by immigration officers.
What are deportation and removal orders?
Deportation is a status determination that allows you to leave the U.S. Removal orders direct ICE agents to detain foreigners and handle transportation out of the country.
If you have questions about deportation or any other aspect of immigration law, contact the immigration attorneys San Diego residents trust. The lawyers at KS Visa Law have vast experience with every aspect of immigration law, and they’re the attorneys to call on when you need the most up-to-date information about immigration regulations. Call KS Visa Law today to schedule an appointment.
