What is an ICE Detainer?

What is an ICE Detainer?

If your friend is in jail and has been told there is an ICE detainer filed in his name, it means he is going to be investigated for potential deportation.   History The U.S. Immigration and Customs Enforcement department is a division of the U.S. Department of Homeland Security. It was formed in 2003 and today employs more than 20,000 people throughout the U.S. as well as in 47 different countries. What is a Detainer? ICE notifies the jail holding the person in question that it plans to assume custody of that individual. Once the detainer is filed:
  • The jail is on alert that ICE will be taking custody of that person
  • ICE will need information from the jail about the inmate’s status regarding release, charges and other pertinent information
  • It places the inmate on a 48-hour hold at the jail even if he was scheduled for release.
In the news: Sheriffs Limit Detention of Immigrants What is the Purpose? An ICE investigation provides a method for authorities to indentify and deport illegal immigrants who are in local, state and federal jails and prisons. Local authorities wishing to have the immigrant continue through the court system and complete a sentence must notify ICE, but the decision is up to ICE. How ICE Finds People in Jails and Prisons Jails and prison enter information about every immigrant into a nationally accessible database. ICE pulls the names from that system and then notifies the jail or prison about people they want to place detainers on. Related: Undocumented Immigrants Who Are Charged With A Crime Timing If after filing the detainer, ICE fails to pick the inmate up within 48 hours, excluding holidays and weekends, the inmate must be released, if he otherwise would have been released without a detainer being filed. Final thoughts: If your friend has a detainer and is taken into ICE custody, the investigation and decision about deportation can be swift or lengthy, depending on what is involved. It is a serious situation and an attorney experienced in ICE investigation defense should probably be retained. You may be interested in: ICE Detention Reform