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Immigration Detainers at Forefront in Travis County [Austin, TX] Sheriff Race

May 07, 2012 (1 min read)

"In Travis County, which many consider the liberal hub of Texas, a controversial immigration-enforcement policy is at the forefront of the sheriff’s race." - Julián Aguilar, Texas Tribune, May 7, 2012.

[The issue is whether the detainer regulation, 8 C.F.R. 287.7, is a request, a command, neither or both: "The detainer is a request that such agency advise the Department, prior to release of the alien, in order for the Department to arrange to assume custody, in situations when gaining immediate physical custody is either impracticable or impossible. ... Upon a determination by the Department to issue a detainer for an alien not otherwise detained by a criminal justice agency, such agency shall maintain custody of the alien for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays in order to permit assumption of custody by the Department."  (Emphasis added.)  Litigation is pending in Connecticut over the legitimacy of the regulation.]