Crimmigration blog: ICE’s New Immigration Detainer Policy Remains Legally Flawed

Crimmigration blog: ICE’s New Immigration Detainer Policy Remains Legally Flawed:

Today, ICE issued a new policy regarding use of immigration detainers. Sometimes called immigration holds, detainers are requests by ICE that a local law enforcement agency continue holding someone in the LEAs custody. The purpose of continued confinement is to give ICE time to pick up the individual. The policy announced today instructs immigration officers, including local police deputized as immigration officers pursuant to a 287(g) agreement, to issue detainers against anyone who they have probable cause to believe is removable from the United States.

Though couched in carefully crafted language, ICE’s new policy remains legally problematic. Like past detainer policies, today’s announced policy does not conform to key Fourth Amendment principles.

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