The Criminal Apprehension Program (CAP) supports U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) in executing its mission to protect the homeland through the arrest and removal of noncitizens who threaten the safety of our nation’s communities and the integrity of U.S. immigration laws. CAP focuses on the identification, arrest, and removal of Incarcerated noncitizens at federal, state, and local levels, as well as at-large criminal noncitizens.

Through CAP, ERO takes criminal noncitizens into custody in a controlled environment, decreasing risks to officers, noncitizens, and the community. When ERO directly assumes custody of a criminal through CAP, it prevents the individual from being released back into the community where they may re-offend.

Key Initiatives

Every day, ICE places detainers on noncitizens who the agency has probable cause to believe are amenable for removal from the U.S. and are currently in federal, state or local law enforcement agency custody.

• However, some jurisdictions elect to minimally cooperate with ERO’s law enforcement efforts while other jurisdictions have ceased to cooperate altogether
• Some jurisdictions do not honor immigration detainers — even for noncitizens who have been convicted of serious crimes
• Cooperation between ICE and state and local law enforcement agencies is crucial for the identification, arrest and removal of criminal noncitizens to maintain the integrity of the nation’s security

ERO recognizes the importance of its relationships with its law enforcement partners and will continue to coordinate with them in a way that best serves national security and public safety. Building community trust is key to law enforcement’s ability to obtain community cooperation with respect to investigations.

• CAP — in conjunction with Offices of United States Attorneys — actively prosecutes violations of the nation’s criminal code discovered through enforcement activities enhancing public safety
• Once a noncitizen’s criminal sentence is completed, the noncitizen will likely enter ICE custody for administrative immigration violations
• The Institutional Hearing and Removal Program (IHRP) is a collaborative effort between the Bureau of Prisons (BOP), the Department of Homeland Security (DHS) and the Executive Office for Immigration Review to place into immigration removal proceedings incarcerated criminal noncitizens while in the custody of BOP to secure a final removal order before their transfer to ICE custody
• These programs direct ICE resources toward noncitizens convicted of a crime designated as an aggravated felony who pose the greatest threats to the U.S. and is designed to expedite the removal processes prior to the completion of their criminal sentences