Which agency is primarily responsible for exercising discretion to release noncitizens at Ports of Entry?

The correct agency responsible for exercising discretion to release noncitizens at Ports of Entry is Customs and Border Protection (CBP). CBP is part of the Department of Homeland Security and is tasked with border security, immigration enforcement, customs, and agriculture protection. At Ports of Entry, CBP officers have the authority to assess individuals seeking entry into the United States, and they can decide whether to admit or allow the release of noncitizens based on their discretion and the circumstances surrounding each case.

For example, CBP may choose to release a noncitizen if they determine that the individual poses no threat to national security and has satisfactory documentation or reasons for entry. This discretion is crucial as it allows for case-by-case assessments, considering various factors such as the individual’s intent, history, and the broader context surrounding their entry request.

In contrast, other agencies such as ICE (Immigration and Customs Enforcement) focus on enforcement and removal operations rather than initial entry processes. The FBI is mainly involved in federal law enforcement and national security investigations rather than immigration matters at Ports of Entry. Lastly, CIS (now known as USCIS or U.S. Citizenship and Immigration Services) handles immigration benefits and services such as visa applications and citizenship but does not operate at Ports