An in absentia removal order means an immigration judge ordered removal after the person failed to appear at their hearing. Under 8 U.S.C. §1229a(b)(5) an in absentia order can be entered only if the government proves by clear, unequivocal, and convincing evidence that the respondent received the required written notice and is removable. The order can be challenged by filing a motion to reopen (usually within 180 days) showing exceptional circumstances for the failure to appear or, in certain cases, lack of proper notice; if granted the case is reopened and the respondent gets a new hearing.
Police hires and issued firearms are typically subject to layered vetting: identity verification and I‑9 proof of work authorization (by the employer), criminal-history and fingerprint checks (state records, NCIC, FBI/NICS checks), background investigations (employment, references, driving/criminal records), and POST/agency fitness standards. The DHS press release does not detail the New Orleans Police Department’s exact vetting steps; it only states NOPD recruited Temah and issued him a firearm despite his immigration status. Public NOPD hiring materials confirm agencies perform background checks, but the specific NOPD steps in this case were not disclosed in the release.
An ICE (immigration) detainer is a request (Form I-247) asking a local jail or law enforcement agency to notify ICE and/or temporarily hold an individual for transfer to ICE custody. Detainers are administrative, not arrest warrants; honoring them is voluntary for most local jurisdictions except where state law requires compliance. Federal courts and DOJ guidance say detainers do not by themselves provide probable cause for a separate arrest—many localities limit or refuse to honor detainers because of legal and civil‑liberties concerns.
Under federal law (18 U.S.C. §922(g)(5)), it is a felony for an alien who is illegally or unlawfully in the United States, or a nonimmigrant alien (subject to §922(y) exceptions), to possess, ship, transport, or receive firearms or ammunition. Exceptions for certain nonimmigrant aliens are statutory (e.g., admitted for lawful hunting/sporting purposes with a valid hunting license; accredited foreign government representatives; those with a waiver) and are set out at 18 U.S.C. §922(y)(2) and related ATF/eCFR guidance.
Now in ICE custody, Temah will remain detained pending removal (deportation) proceedings. He or his counsel can seek to reopen the in absentia order (motion to reopen) by showing exceptional circumstances or contest ICE’s case in immigration court; he may request relief or stays (and could apply for prosecutorial discretion, stays of removal, or work authorization in limited circumstances). Timing is variable—removal proceedings can take months to years depending on filings, hearings, appeals, and backlogs.