Theoretically, a criminal illegal alien in the United States should not have to be categorized based on the severity of their crime. By the sole virtue of their being in the country illegally, they are criminals, and should be held accountable for their violation of immigration law Consequently, immigration officials must decide if the illegal alien who is guilty of a crime should be detained for further processing or allowed to be released back into American society to potentially commit another crime. The ICE works hand in hand with the Executive Office for Immigration Review, a subset of the Department of Justice, to hear criminal immigration cases in one of several immigration courts
However, there are problems with this classification system of criminal immigration law. Going back to the issue of space, there may already be a problem that certain criminals may not be able to be detained for long periods because there is nowhere for them to go. Beyond that, though, the judge's very decision of a defendant's viability for deportation