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Litigating Immigration Detainer Issues

"The immigration detainer is the principal mechanism for Immigration and Customs Enforcement (ICE), the enforcement arm of the Department of Homeland Security (DHS), to obtain custody over suspected immigration violators in the custody of state or local law enforcement officials. Published following...

How Arizona v. United States Casts Doubt on the Validity of Federal Immigration Detainers

"The Court’s June 25, 2012 decision in Arizona v. United States struck down three of the four challenged sections of Arizona’s “Support Our Law Enforcement and Safe Neighborhoods Act,” colloquially known simply as “S.B. 1070.” Two of these provisions created state...

The Faulty Legal Arguments Behind Immigration Detainers: Christopher Lasch

"[D]etainers are invalid in many instances for the same reason the Supreme Court struck down numerous parts of SB 1070—they permit law enforcement action inconsistent with laws enacted by Congress. Moreover, as Justice Anthony Kennedy’s majority opinion also makes clear, the use of immigration...