Keith Mack
Immigration and Customs Enforcement (ICE) is a federal law enforcement agency that enforces immigration laws within the United States. While ICE does not have the authority to enter a person's home without their consent or a judicial warrant, it can issue immigration detainers, which are requests to local law enforcement agencies to hold a potentially dangerous removable alien for up to 48 hours to allow ICE to assume custody safely. This practice has been criticised for potentially violating the Fourth Amendment rights of individuals, as it may result in prolonged detention without probable cause.
| Characteristics | Values |
|---|---|
| Nature of ICE detainers | A request from ICE to a federal, state, or local law enforcement agency to notify ICE before releasing a potentially dangerous alien, and to hold the alien for up to 48 hours beyond their scheduled release time |
| Purpose of detainers | To enable ICE to take custody of removable aliens in a safe, controlled environment instead of at-large in the community, which can be dangerous and unpredictable |
| Impact of detainers | Should not influence decisions about an individual's bail, rehabilitation, parole, release, diversion, custody classification, work, or other matters |
| Law enforcement's obligation | To notify ICE and hold the individual for up to 48 hours; if ICE does not assume custody within this time frame, the law enforcement agency must release the individual |
| ICE's authority | Can detain aliens who are subject to removal or removal proceedings, typically after a court conviction for crimes such as burglaries, robberies, kidnapping, sexual assault, weapons offenses, drug trafficking, and human trafficking |
| Rights of individuals detained by ICE | Right to contact a lawyer, remain silent, and refuse consent for law enforcement to enter their home without a warrant signed by a judge |
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What You'll Learn
- Law enforcement agencies must notify ICE before releasing a potentially dangerous alien
- ICE issues detainers against people convicted of crimes like burglaries, robberies, and sexual assault
- Law enforcement agencies must hold an alien for up to 48 hours after an ICE detainer request
- ICE agents are allowed to use ruses to gain entry to homes without warrants
- Undocumented immigrants have the right to remain silent and do not have to discuss their immigration status
Law enforcement agencies must notify ICE before releasing a potentially dangerous alien
Immigration detainers are requests from federal law enforcement officers and agents, and officials only lodge them against aliens when there is probable cause to believe that the person can be removed from the United States under federal immigration law. ICE lodges immigration detainers after officers or agents establish probable cause to believe that an alien is removable—typically after a court has convicted them of one or more crimes—and typically when the alien poses a public safety or national security threat. ICE detainers are also lodged against people who have been convicted of burglaries and robberies, kidnapping, sexual assault, weapons offenses, drug trafficking, and human trafficking.
When a law enforcement agency honors a detainer, they notify ICE before releasing a potentially dangerous alien. ICE’s federal law enforcement officers then take the alien into custody in the facility’s safe setting. 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.
ICE detainers are not meant to impact decisions about an individual’s bail, rehabilitation, parole, release, diversion, custody classification, work, quarter assignments, or other matters. By issuing a detainer, ICE does not intend to impact or influence a state or local law enforcement agency’s decision-making process. If ICE does not assume custody after 48 hours, the law enforcement agency is required to release the individual. The law enforcement agency may not lawfully hold an individual beyond the 48-hour period.
ICE detainers are a tool used by federal law enforcement to ensure the safe and efficient transfer of custody of potentially dangerous aliens from state or local law enforcement agencies to ICE custody. They are intended to protect the public, aliens, and law enforcement officers by reducing the risk of at-large arrests, which can be unpredictable and dangerous.
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ICE issues detainers against people convicted of crimes like burglaries, robberies, and sexual assault
Immigration and Customs Enforcement (ICE) issues immigration detainers against people convicted of crimes such as burglaries, robberies, and sexual assault. An immigration detainer is a request from ICE to a federal, state, or local law enforcement agency to notify ICE of an individual's impending release and to hold them for up to 48 hours beyond their scheduled release time. This allows ICE to assume custody in a controlled environment, reducing the need for potentially dangerous at-large arrests.
ICE lodges these detainers when there is probable cause to believe an individual is removable from the country, typically after a court conviction, and when the individual poses a threat to public safety or national security. ICE issues detainers against people convicted of a range of crimes, including burglaries, robberies, kidnapping, sexual assault, weapons offenses, drug trafficking, and human trafficking.
When jails, prisons, or other confinement facilities agree to honor immigration detainers, it enables ICE to take custody of removable individuals in a safe and efficient manner. This collaboration between federal, state, and local law enforcement agencies is recognized by many public officials as a critical tool in maintaining community safety.
It is important to note that immigration detainers are not mandatory, and law enforcement agencies are not legally obligated to hold an individual beyond the 48-hour period specified in the detainer. If ICE does not assume custody within this timeframe, the individual must be released.
The authority to issue immigration detainers stems from federal regulations and ICE's role in enforcing immigration laws within the United States' interior. This includes identifying individuals for arrest, detention, and removal through the criminal justice system and community operations.
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Law enforcement agencies must hold an alien for up to 48 hours after an ICE detainer request
An immigration detainer is a formal request from Immigration and Customs Enforcement (ICE) to a federal, state, or local law enforcement agency, asking them to hold a removable alien for up to 48 hours beyond their scheduled release time. This allows the Department of Homeland Security (DHS) to assume custody of the individual in accordance with federal immigration law. Law enforcement agencies are not required to comply with these requests, but if they choose to honor the detainer, they must notify ICE before releasing a potentially dangerous alien.
ICE issues detainers when its officers or agents establish probable cause to believe that an alien is removable, typically after a court conviction for a crime, and often when the alien poses a threat to public safety or national security. By issuing a detainer, ICE notifies law enforcement of its intention to assume custody, requests information about the alien's release, and asks the agency to hold the individual for up to 48 hours. This process allows ICE to take custody of removable aliens in a controlled environment, such as a jail or prison, instead of pursuing at-large arrests in the community, which can be unpredictable and dangerous for all involved.
It is important to note that ICE detainers are not meant to impact decisions about an individual's bail, rehabilitation, parole, release, or other matters. If ICE does not assume custody within the 48-hour period, the law enforcement agency is required to release the individual, as they may not lawfully hold them beyond this timeframe.
In summary, law enforcement agencies have the option to comply with ICE detainer requests, and if they choose to do so, they must hold the alien for up to 48 hours to allow DHS to assume custody safely and securely.
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ICE agents are allowed to use ruses to gain entry to homes without warrants
In the United States, all individuals have rights, regardless of immigration status. These rights include constitutional protections, such as the right to remain silent when questioned or arrested by immigration officers.
Immigration and Customs Enforcement (ICE) officers can take custody of removable aliens in a safe, controlled environment instead of at-large in the community. They do this by issuing an immigration detainer, which is a request to a federal, state, or local law enforcement agency to notify ICE before releasing a potentially dangerous alien, and to hold the alien for up to 48 hours beyond their scheduled release time.
ICE agents may pretend to be local law enforcement, and they are trained in conversational techniques to confuse people about who they are and what their goals are. They may also have administrative warrants, which are ICE forms signed by ICE officers and do not grant authority to enter a home without the consent of the occupant(s).
If an ICE agent knocks on your door, you do not have to open it. You can ask questions through the door, such as whether they are immigration agents and what they are there for. You can ask to see a badge or identification, and if they have a warrant, ask them to slide it under the door or hold it up to the window so you can inspect it. If they do not have a judicial search or arrest warrant naming a person in your residence or areas to be searched, you can say, "I do not consent to your entry." If agents force their way in, do not resist, but state that you do not consent to their entry or search of the premises, and that you wish to exercise your right to remain silent and speak with a lawyer.
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Undocumented immigrants have the right to remain silent and do not have to discuss their immigration status
If an undocumented immigrant is pulled over in a traffic stop, they should ask if the officer is from the police department or immigration. Immigration officers often identify themselves as "police", but they are not police officers. If they are immigration officers, the undocumented immigrant has the right to remain silent and does not have to disclose their immigration status. They should keep their hands visible at all times and inform the officer if they need to reach into a compartment to retrieve their papers. It is important to remain calm and not run, argue, resist, or fight the officer, even if you believe your rights are being violated.
If an undocumented immigrant is at home and an officer knocks on their door, they do not have to open the door. Immigration officers must have a warrant signed by a judge to enter a home. ICE "warrants" are not signed by judges and do not grant authority to enter a home without the consent of the occupant(s). If an individual does not wish to open the door, they can inform the officers that they do not consent to their entry. If officers force their way in, the individual should not resist but can state that they wish to exercise their right to remain silent and request to speak to a lawyer.
It is important to note that customs officers can ask about an individual's immigration status when entering or leaving the country. If an individual is a lawful permanent resident (LPR), they only need to answer questions establishing their identity and permanent residency. Refusal to answer other questions may cause delays but officials cannot deny entry into the United States based on this refusal.
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Frequently asked questions
An immigration detainer is a request from ICE to a law enforcement agency, such as jails, prisons, or other confinement facilities, to hold an individual for up to 48 hours beyond their scheduled release time to enable ICE to assume custody.
Do not open the door. Ask them to slip their warrant under the door or hold it up to a window so you can inspect it. If they do not have a warrant signed by a judge, you can refuse entry.
You have the right to remain silent and do not have to discuss your immigration or citizenship status. You also have the right to contact your consulate or have an officer inform them of your detention. You can ask for a lawyer, but the government does not have to provide one for you.
