What is an immigration detainer?
An immigration detainer—Department of Homeland Security (DHS) Form I-247 is a notice that DHS issues to federal, state, and local law enforcement agencies (LEAs) to inform the LEA that ICE intends to assume custody of an individual in the LEA’s custody.
An immigration detainer serves three key functions:
• to notify an LEA that ICE intends to assume custody of an alien in the LEA’s custody once the alien is no longer subject to the LEA’s detention;
• to request information from an LEA about an alien’s impending release so ICE may assume custody before the alien is released from the LEA’s custody; and
• to request that the LEA maintain custody of an alien (who would otherwise be released) for a period not to exceed 48 hours (excluding Saturdays, Sundays, and holidays) to provide ICE time to assume custody.
Why does ICE issue detainers?
Detainers are critical for ICE to be able to identify and ultimately remove criminal aliens who are currently in federal, state, or local custody. ICE relies on the cooperation of state and local law enforcement partners in this effort.
What if the LEA needs the individual to remain in the United States for prosecution or other law enforcement purposes?
Local law enforcement agencies (LEAs) are advised that once individuals are in ICE custody, they may be removed from the United States. If the LEA wants an individual to remain in the United States for prosecution or other law enforcement purposes—including testifying as a witness—the agency should notify the local Field Office or the ICE Law Enforcement Support Center at 802.872.6020.
Where does ICE’s authority to issue a detainer stem from?
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.
This request flows from federal regulations located at 8 C.F.R. §287.7, which arises from the Secretary of Homeland Security’s power under the Immigration and Nationality Act (INA) §103(a)(3)—located at 8 U.S.C. 1103(a)(3)—to issue regulations necessary to carry out the Secretary’s authority under the INA, and from ICE’s general authority to detain individuals who are subject to removal or removal proceedings.
What is a declined detainer?
When law enforcement agencies fail to honor immigration detainers and release a criminal alien onto the streets, they have declined an ICE detainer. This undermines ICE’s ability to protect public safety and carry out its mission. Federal immigration laws authorize DHS to issue detainers and provide ICE broad authority to detain removable aliens.
How is an individual placed under a detainer?
When an individual is booked into custody by a law enforcement agency, his or her biometric data is automatically routed through federal databases to the FBI. The FBI shares this information with ICE. If ICE has probable cause to suspect the individual is a removable alien, ICE sends a detainer to the law enforcement agency.
Why do some jurisdictions ignore detainers?
In some cases, state or local laws, ordinances, or policies restrict or prohibit cooperation with ICE. In other cases, jurisdictions choose to willfully decline ICE detainers and release criminals back into the community. The results in both cases are the same: aliens released onto the streets to potentially reoffend or harm individuals living in those communities.
What has been changed on the I-247 form?
The new I-247 form requests that the LEA provide to the subject of the detainer a copy of the detainer form and a notice advising him or her that ICE intends to assume custody. The notice informs these individuals that ICE has requested the LEA to maintain custody beyond the time when they would have been released by the state or local law enforcement authorities based on their criminal charges or convictions. The notice contains translations into Spanish, French, Portuguese, Chinese, and Vietnamese.
The new I-247 form also emphasizes that local law enforcement agencies (LEAs) may only hold an alien for a period not to exceed 48 hours (excluding Saturdays, Sundays, and holidays).
What happens if ICE does not assume custody of the individual after 48 hours?
If ICE does not assume custody after 48 hours (excluding weekends and holidays), the local LEA is required to release the individual. The LEA may not lawfully hold an individual beyond the 48-hour period.
What if the subject of the detainer believes that he or she has been held beyond the 48 hours, or has a complaint?
The Notice to the Detainee advises individuals that if ICE does not take them into custody during the 48 hours, they should contact the LEA or entity that is holding them to inquire about their release from state or local custody.
If the individual has a complaint regarding the detainer or violations of civil rights or civil liberties connected to DHS activities, he or she should contact the ICE Joint Intake Center at 1.877.2INTAKE (877.246.8253).
What happens if a detainer is placed on a victim of a crime or on a U.S. citizen?
If the local law enforcement agency (LEA) believes the individual may be the victim of a crime or a U.S. citizen, the LEA should notify the ICE Law Enforcement Support Center at 802.872.6020.
If the subject of the detainer believes that he or she is a victim of a crime or a U.S. citizen, that individual should advise DHS by calling the ICE Law Enforcement Support Center at 855.448.6903.
An immigration detainer, also known as DHS Form I-247, is a request from the U.S. Immigration and Customs Enforcement (ICE) to local, state, or federal law enforcement agencies (LEAs) in Texas and elsewhere to notify ICE before releasing an individual from custody and to maintain custody of the individual for up to 48 hours beyond their release date. This additional time allows ICE to take custody of the individual for immigration enforcement purposes. ICE issues detainers to identify and potentially remove individuals who may be subject to deportation, especially those with criminal records. In Texas, as in other states, compliance with detainers can vary based on local policies and state laws. Some jurisdictions may limit or decline cooperation with ICE detainers due to local ordinances or policies that prioritize community trust or legal concerns about holding individuals beyond their release date without a warrant. If ICE does not take custody within the 48-hour period (excluding weekends and holidays), the individual must be released. Individuals who believe they have been improperly held on a detainer or have related complaints can contact the ICE Joint Intake Center. The updated I-247 form includes a requirement for LEAs to provide a copy of the detainer and a notice in multiple languages to the individual, explaining that ICE intends to assume custody and the individual's rights in such situations.
