Immigration and Customs Enforcement

Scope

ICE protects the United States against terrorist attacks.

Regulatory citations

• None

Key definitions

• None

Summary of requirements

ICE was created after 9/11 by combining the law enforcement arms of the former Immigration and Naturalization Service (INS) and the former U.S. Customs Service to more effectively enforce immigration and customs laws and to protect the United States against terrorist attacks. ICE does this by targeting illegal immigrants: the people, money, and materials that support terrorism and other criminal activities. ICE is a key component of the DHS “layered defense” approach to protecting the nation.

Before 9/11, immigration and customs authorities were not widely recognized as an effective counterterrorism tool in the United States. ICE changed this by creating a host of new systems to better address national security threats and to detect potential terrorist activities in the U.S.

Worksite Enforcement Unit. ICE investigates employers and targets illegal workers who have gained access to critical infrastructure worksites (like nuclear and chemical plants, military installations, seaports and airports) through its Worksite Enforcement Initiative. The Worksite Enforcement Unit’s mission encompasses enforcement activities intended to mitigate the risk of terrorist attacks posed by unauthorized workers employed in secure areas of our nation’s critical infrastructure.

Though worksite enforcement efforts are focused on investigations related to critical infrastructure and national security, these efforts and resources are also extended to other places of employment. Unauthorized workers employed at sensitive sites and critical infrastructure facilities — such as airports, seaports, nuclear plants, chemical plants and defense facilities — pose serious homeland security threats.

Worksite enforcement investigations often involve egregious violations of criminal statutes by employers and widespread abuses. These worksite enforcement cases often involve additional violations such as alien smuggling, alien harboring, document fraud, money laundering, fraud, or worker exploitation.

Illegal workers frequently lack the employment protections afforded those with legal status and are less likely to report workplace safety violations and other concerns. In addition, unscrupulous employers are likely to pay illegal workers substandard wages or force them to endure intolerable working conditions. In addition to alleviating the potential threat posed to national security, ICE’s efforts also prohibit employers from taking advantage of illegal workers. ICE’s Worksite Enforcement Unit also helps employers improve worksite enforcement of employment regulations. The unit is currently engaged in developing automated mechanisms that will enable security agencies controlling access to sensitive facilities to verify immigration status independently before granting access to new employees.