What is the legal authority under which ICE operates?

The legal authority under which Immigration and Customs Enforcement (ICE) operates primarily stems from the Immigration and Nationality Act (INA) along with various other federal statutes. The INA provides the framework for the enforcement of immigration laws within the United States, outlining the procedures for immigration enforcement, status adjustments, and removal proceedings. Additionally, ICE is tasked with enforcing laws against customs violations and exploring unlawful activities related to immigration, underscoring its role in the protection of national security and public safety.

While the United States Constitution lays the foundation for the protection of individual rights and the federal government's operations, it does not grant specific enforcement powers related to immigration or customs, making it less directly applicable in this context. The Department of Justice Regulations offer guidance and frameworks for legal procedures but do not serve as the primary authority for operational enforcement. State laws and codes may pertain to local jurisdiction but do not govern federal immigration enforcement, which ICE is specifically tasked with overseeing. Therefore, the combination of the INA and federal statutes forms the core legal basis for ICE's operations.