An ICE detainer—or “immigration hold”—is one of the key tools U.S. Immigration and Customs Enforcement (ICE) uses to apprehend individuals who come in contact with local and state law enforcement agencies and put them into the federal deportation system. An ICE detainer is a written request that a local jail or other law enforcement agency detain an individual for an additional 48 hours after his or her release date in order to provide ICE agents extra time to decide whether to take the individual into federal custody for removal purposes.
ICE’s use of detainers to imprison people without due process and, in many cases, without any charges pending or probable cause of any violation has raised serious constitutional concerns. Local law enforcement agencies run the risk of litigation and damages liability when they honor ICE detainer requests.
Backgrounder on ICE detainer requests
Recent ICE Detainer Cases
Restoring Trust: How Immigration Detainers in Maryland Undermine Public Safety Through Unnecessary Enforcement (ACLU of Maryland)
- Blog Post - Speak FreelyMay 19, 2017
- Fact SheetApril 17, 2018
- Blog Post - Speak FreelyDecember 3, 2018