U.S. Immigration and Customs Enforcement (I.C.E.) was created under the Department of Homeland Security to ensure our nation's safety.

KY3 found answering the simple question of 'who can be arrested?' is complicated.

"Imagine my head hurting," Ozark County Sheriff Raymond Pace said. "I had five right off the border, still had pesos, looking for a Bank of America to cash in their pesos and get American dollars."

Sheriff Pace brought undocumented immigrants to his office and called I.C.E. to find out what to do with his visitors.

"They said, 'well, if they haven't broken any laws, then turn them loose...' that just really don't sound right," Pace said.

I.C.E. says it's a number's game. Federal agents versus an estimated 11-million illegal immigrants.

"As with most law enforecement agencies, I.C.E. prioritizes it's efforts and personnel," I.C.E. spokesperson Gail Montenegro said. "We prioritize our efforts to those who create the greatest risk to public safety."

I.C.E. tracks down known illegals in gangs. The immigrants who've been deported, but haven't left. Also those who create false i.d.s just to name a few.

"A big priority is to identify and remove criminal aliens," Montenegro said.

"It's up to our federal government, those in Washington, to take care of this problem," Sheriff Pace said, "not the Ozark County sheriff."

Pace called his representative, Congresswoman Jo Ann Emerson..

"It's outrageous and inexcusable," Emerson said. "This is a perfect example of how the current laws are not being enforced by our current Dept. Of Justice and Dept. of Homeland Security."

Rep. Emerson says immigration reform is set to be discussed in congress this year. So for now, while the wheels are in motion in D.C. there's only one thing sheriffs can do to illegals without a criminal past.

"(The five illegals) wanted to know which way to go, I said 'that way," Sheriff Pace said.

I.C.E. does work outside the illegal immigrant realm. Recently, the agents made several arrests for child pornography.

Friday, the Obama administration says it will allow Haitians already in the U.S. illegally to remain because of this week's catastrophic earthquake.