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Detainer Policy


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ICE places detainers on aliens who have been arrested on local criminal charges and for whom ICE possesses probable cause to believe that they are removable from the United States, so that ICE can take custody of the alien when he or she is released from local custody. When law enforcement agencies fail to honor immigration detainers and release serious criminal offenders, it undermines ICE’s ability to protect public safety and carry out its mission.

The new detainer form (I-247A) was created by ICE, and its implementation on April 2, 2017, will fulfill the requirement of Secretary Kelly’s February 20, 2017, memo, “Enforcement of the Immigrations Laws to Serve the national Interest” to “eliminate the existing detainer forms and replace them with a new form to more effectively communicate with recipient law enforcement agencies.”

lnvestigating the Potential U.S. Citizenship of lndividuals Encountered by ICE

This Directive establishes ICE policy and procedures for ensuring that the potential U.S. citizenship of individuals encountered by U.S. lmmigration and Customs Enforcement (ICE) officers, agents, and attorneys is immediately and carefully investigated and analyzed.

Last Reviewed/Updated: 03/29/2017