What you should know about
ICE DETAINERS Question: WHAT IS AN ICE DETAINER? Answer: A “detainer” from Immigration and Customs Enforcement (ICE) is an official request of another law enforcement agency – often state or local jails/prisons – that ICE be advised before a particular person is released from custody so that ICE can arrange to take that individual into custody (usually on suspicion that the person has violated a civil immigration law). See generally 8 C.F.R. § 287.7. Question: HOW LONG CAN A LOCAL GOVERNMENT HOLD SOMEONE ON AN ICE DETAINER? Answer: Pursuant to federal regulations, an individual held pursuant to an ICE detainer can only be held “for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays.” 8 C.F.R. § 287.7(a). Question: WHAT HAPPENS IF THE 48‐HOUR PERIOD HAS ELAPSED, AND ICE STILL HAS NOT PICKED THE PERSON UP? Answer: Since the detainer only purports to authorize holding the individual for 48 hours beyond whatever is authorized by state/local law, the person must be released as soon as the 48‐hour period is over. Question: WHAT IF THE JAIL CONTINUES TO HOLD THE PERSON ON AN EXPIRED OR “STALE” DETAINER? Answer: If the jailer has no independent authority to hold the person (such as on state criminal charges), continuing to do so after the detainer has expired is illegal; it constitutes the tort of false imprisonment and a violation of the Fourth and Fourteenth Amendment of the U.S. Constitution and Article 24 of the Maryland Declaration of Rights. These violations can result in lawsuits and civil liability for the detention facility and the municipality that runs it, as well as the warden/jailer personally. Question: WHAT DOES AN ICE DETAINER LOOK LIKE? Answer: An example of a detainer is on the back of page.
EXAMPLE