LexisNexis® Legal Newsroom
Limit Use of ICE Detainers: Barbara Hines

"Compliance with the ICE detainer system is a destructive policy for our community for many reasons. While ICE touts Secure Communities as a tool to target immigrants with serious criminal histories for deportation, the evidence starkly contradicts this claim. These detainers do not differentiate...

Targeting of ICE Detainers Varies Widely by State and by Facility: TRAC

" Immigration and Customs Enforcement (ICE) placed detainers on approximately half a million individuals during fiscal years 2012 and 2013, according to the latest government records obtained by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University under the Freedom of Information...

CA3: ICE Detainers Are Not Mandatory - Galarza v. Szalczyk

"Ernesto Galarza is a U.S. citizen who was arrested for a drug offense, posted bail, and instead of being released, was held in custody by Lehigh County under an immigration detainer issued by federal immigration officials. Three days after Galarza posted bail, immigration officials learned that...

Immigration Detainers are Non-Binding, Federal Appeals Court Rules

"The U.S. Court of Appeals for the Third Circuit [on Mar. 4, 2014] ruled that states and localities are not required to imprison people based on "detainer" requests from the federal Immigration and Customs Enforcement agency, ICE, recognizing that states and localities may share liability...

ICE: Detainers Not Mandatory

"While immigration detainers are an important part of ICE's effort to remove criminal aliens who are in federal, state, or local custody. they are not mandatory as a matter of law." - Daniel H. Ragsdale, ICE Acting Director, Feb. 25, 2014 .

Oregon Ruling Spurs Halt on Immigration Detainers

A federal judge in Oregon has found that an immigrant woman's constitutional rights were violated when she was held in jail without probable cause at the request of U.S. immigration authorities, one of several recent federal court decisions to scrutinize the practice of keeping people in jail after...

Updated List of Oregon Counties Not Honoring ICE Detainers/Holds

"Updated list of Counties (April 23, 2014) Counties* in Oregon that do not honor ICE holds as compliant with the 4th Amendment for detention purposes: Clackamas Crook Deschutes Douglas Gilliam Hood River Jackson Jefferson Lane Lincoln Marion Multnomah ...

Denver Joins Growing List of Colorado Counties Rejecting ICE Holds

"Denver will no longer hold inmates for federal immigration authorities solely on the basis of immigration status, Sheriff Gary Wilson said Wednesday. The move to refuse federal immigration holds follows federal court rulings in other states that a county sheriff's department is potentially...

More Counties in Washington and Colorado Drop ICE Detainers

"At least four counties in Washington state and four in Colorado have joined a growing number of jurisdictions in Oregon that stopped holding undocumented immigrants in jail for the sole purpose of deportation." - Andrea Castillo, The Oregonian, May 1, 2014 .

CRS on ICE Detainers / Holds

"[T]his report surveys the various authorities governing immigration detainers, including the standard detainer form (Form I-247) sent by ICE to other law enforcement agencies. The report also discusses key legal issues raised by immigration detainers, including (1) whether DHS’s detainer...

Santa Cruz County Says 'No' to ICE Holds

"Santa Cruz County will no longer honor federal immigration holds for people suspected of coming here illegally, effectively ending local involvement in a controversial program known as Secure Communities. The move follows the lead of several counties throughout the West that are reassessing jail...

San Diego County Sheriff Puts End To ICE Immigration Holds

"San Diego County jails no longer will take part in the practice of holding inmates past their jail release dates to allow U.S. Immigration and Customs Enforcement officials to take custody of them, Sheriff Bill Gore announced Thursday . The decision ends the local agency's compliance...

Hennepin County, MN Says 'No' to ICE Holds

"Hennepin County Sheriff Rich Stanek and County Attorney Mike Freeman announced Wednesday that the sheriff’s office will no longer honor U.S. Immigration and Customs Enforcement detainer requests. In the past, “ICE holds” — requests to hold detainees an additional 48 hours...

Cal. Atty. Gen. on ICE Detainers: Bulletin

"Attorney General Kamala D. Harris today issued an information bulletin to California law enforcement agencies that provides updated information on their responsibilities and potential liability for complying with Immigration and Customs Enforcement (ICE) federal detainer requests for undocumented...

Fearing Lawsuits, Sheriffs Balk at ICE Detainers

"“When a judge says something is in violation of the Fourth Amendment, I am not going to just keep doing it,” said Sheriff William Gore of San Diego. “If they want to take someone into federal custody, they can decide to do that, but I am not going to keep holding somebody because...

L.A. Says 'No' to ICE Detainers

"Frustrated at the lack of action on immigration reform by the federal government, Mayor Eric Garcetti announced Monday the Los Angeles Police Department will no longer honor most federal requests to detain arrestees so they can be investigated for deportation. Citing a recent federal court ruling...

Two More Counties Say 'No' to ICE Holds

"Sheriff's departments in both Long Island counties said they no longer will hold in jail immigrants who are flagged for deportation unless federal officials produce warrants, curtailing participation in a controversial Immigration and Customs Enforcement program known as Secure Communities...

Federal District Court Reaffirms that ICE Detainers are Not Mandatory

"A federal judge yesterday reaffirmed that local law enforcement offices should not consider U.S. Immigration and Customs Enforcement (ICE) detainers mandatory. “For many years, ICE took advantage of legal ambiguity to convince law enforcement to honor immigration detainers,” said...

ICE Detainers Decline 39 Percent Since FY 2012 - TRAC

"There has been a dramatic drop in the number of detainers issued by Immigration and Customs Enforcement (ICE), according to the latest available data from the agency. In the eighteen month period from the end of FY 2012 through March 2014, there has been a 39 percent decrease in the number of ICE...

Texas Gov. Abbott Threatens Funding Cuts to Sheriffs Who Don't Honor ICE Detainers

Brandi Grissom, Dianne Solís, Nov. 4, 2015 - "Gov. Greg Abbott told Texas sheriffs, including Dallas County’s Lupe Valdez, that if they don’t honor federal immigration detainers, he will withhold grant funding for their departments. Abbott sent all Texas sheriffs a letter Wednesday...

TRAC: ICE Detainer Use Stabilizes Under Priority Enforcement Program

TRAC, Jan. 21, 2016 - " The 7,117 detainers issued by Immigration and Customs Enforcement (ICE) during October 2015 suggests that their use appears to have stabilized in the four months since the launch of the Priority Enforcement Program (PEP) in June 2015. Thus PEP, which replaced the Secure Communities...

ICE Detainers Unlawful: Jimenez Moreno v. Napolitano

NIJC, Oct. 3, 2016 - " Court to Rescind Class Members’ Detainers, Nullifying Centerpiece of ICE’s Priority Enforcement Program (PEP) - The federal district court of the Northern District of Illinois has invalidated the federal government’s practice of issuing detainers against...

ICE Posts 'Declined Detainer Outcome Report' (Mar. 20, 2017)

DHS Press Release , Fact Sheet , Q&A ICE Report, Jan. 28 - Feb. 3, 2017

ICE Refuses To Release More Comprehensive Detainer Data - TRAC

TRAC, Mar. 20, 2017 - "Today Immigration and Customs Enforcement issued its first weekly report on detainers that it said had been refused by non-federal law enforcement agencies. Unfortunately, the information ICE released is very limited and selective. At the same...

Texas Judge: Detainers Unconstitutional - Santoyo v. USA

Jason Buch, San Antonio Express-News, June 8, 2017 - "The same San Antonio federal judge who will hear the lawsuits challenging the constitutionality of the state’s new “sanctuary cities” law ruled earlier this week in a separate case that the Bexar County sheriff violated the...