What is established before ICE lodges an immigration detainer against an alien?

• A. A conviction record
• B. Public support
• C. Probable cause of removability
• D. A court order

Answer: (C)

Before ICE lodges an immigration detainer against an alien, it is essential to establish probable cause of removability. Probable cause means there is reasonable belief, based on evidence or information, that the individual is removable from the United States under immigration law. This could be due to various factors such as the individual's immigration status, past violations, or criminal activity.

The process of issuing an immigration detainer is intended to ensure that, when a law enforcement agency has an individual in custody who is potentially subject to deportation, ICE can take appropriate action. By establishing probable cause, ICE demonstrates that there is a legitimate basis for the detainer, allowing them to request that the individual be held in custody for additional review and processing related to immigration violations.

Conviction records, while relevant, are not strictly necessary for issuing a detainer since there can be cases where individuals without a conviction have been found removable. Public support and a court order do not factor into the initial determination for lodging a detainer; they do not establish the necessary legal foundation based on immigration law requirements. Hence, the emphasis on probable cause is crucial in the operation of ICE's enforcement and removal processes.