Immigration Detainers
What is an immigration detainer? Why does ICE use immigration detainers? When does ICE lodge immigration detainers?
U.S. Immigration and Customs Enforcement works closely with local, state and federal law enforcement agencies to protect the public from national security, public safety and border security threats.
In some cases, that means ICE’s federal law enforcement officers lodge immigration detainers against potentially dangerous aliens who have been arrested by another law enforcement agency or are removable from the United States.
What is an immigration detainer?
An immigration detainer is a request from ICE that asks a federal, state or local law enforcement agency — including jails, prisons or other confinement facilities — to:
Notify the requesting agency as early as possible before they release a removable alien.
Hold the alien for up to 48 hours beyond the time they would ordinarily release them so DHS has time to assume custody in accordance with federal immigration law.
Why does ICE use immigration detainers?
When jails, prisons or other confinement facilities agree to honor immigration detainers, ICE officers can take custody of removable aliens in a safe, controlled environment instead of at-large in the community.
At-large arrests are unpredictable and can be dangerous to the public, aliens and federal law enforcement officers. It’s safer to assume custody of removable aliens in a secure, private environment.
Detainers also conserve scarce government resources and taxpayer dollars. When a confinement facility allows ICE to take custody of removable aliens when they’re released, the agency doesn’t need to expend resources to locate and arrest an alien in the community.
https://www.ice.gov/immigration-detainers
