What is a hold detainer?
An ICE hold or detainer is a legal hold placed on an individual in the custody of a local law enforcement agency or “LEA” placed on them by the LEA through through an agreement with ICE. Essentially, when someone is arrested, they are generally fingerprinted as part of their processing.
When does an ICE detainer need to be issued?
A: By issuing a detainer, ICE requests that a law enforcement agency notify ICE before releasing an alien and maintain custody of the subject for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays, to allow ICE to assume custody.
When does the federal government use a detainer?
Federal immigration enforcement often overlaps with interactions between local law enforcement and communities. When federal immigration agents want to assume custody of an individual apprehended by local law enforcement, a formal request called a detainer plays a key role in the exchange.
How to help a detainee in an immigration hold?
ICE’s online detainee locator can help with this, but you’ll need personal information, and the system isn’t entirely reliable. If your relative calls you, ask for details. Also advise him or her not to sign anything until you have gotten an attorney to consult with you.
Where can I find information about a detainee?
ICE’s online detainee locator can help with this, but you’ll need personal information, and the system isn’t entirely reliable. If your relative calls you, ask for details.
Federal immigration enforcement often overlaps with interactions between local law enforcement and communities. When federal immigration agents want to assume custody of an individual apprehended by local law enforcement, a formal request called a detainer plays a key role in the exchange.
What does it mean to have an ICE detainer?
Immigration Detainers. An ICE detainer is a written request that a local jail or other law enforcement agency detain an individual for an additional 48 hours (excluding weekends and holidays) 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.
Who is authorized to issue an immigration detainer?
Typically, detainers are issued by an authorized immigration official or local police officer designated to act as an immigration official under section 287(g) of the Immigration and Nationality Act (INA).
How can I get a detainer lifted in my case?
In order to get the detainer lifted, you must appear in front of this judge, often referred to as the ‘back judge’ and ask them to lift the detainer. This can be accomplished by having the attorney file an order for hearing and request that the case be scheduled sooner than later.