U.S. Immigration and Customs Enforcement (ICE) relies on the exchange of information with its law enforcement agency (LEA) partners to access foreign-born inmates at local, state, and federal facilities, and the use of detainers (Form l-247A) as part of its public safety mission. In many cases, these individuals pose a demonstrable threat to communities.
By lodging detainers against those individuals, ICE makes every effort to ensure that removable aliens are turned over to ICE custody at the conclusion of their criminal detention rather than being released into the community where many abscond or reoffend. For example, we know that one group of criminal aliens that ICE has researched has a recidivism rate of 46%.
An ICE detainer requests that the receiving LEA do the following:
- Notify ICE as early as practicable (at least 48 hours in advance, if possible) before the alien is released from custody;
- Maintain custody of the alien for a period not to exceed 48 hours beyond the time he/she would have otherwise been released to allow ICE to assume custody;
When jurisdictions fail to honor an ICE detainer, it risks both public and officer safety, and unnecessarily expends ICE's already-limited resources.
- In some cases, state or local laws, ordinances, or policies restrict or prohibit cooperation with ICE.
- In other cases, jurisdictions willfully decline ICE detainers, and refuse to even provide timely notification to ICE of an alien's release.
- The results are the same: aliens are released into the community where they may potentially reoffend and harm members of the public.
Above is just a small sample of the types of individuals that are being released into your community and other jurisdictions that do not honor ICE detainers every day. These are dangerous, criminal aliens illegally present in the United States that local jurisdictions have deemed important enough to arrest and prosecute for their crimes. Yet, these same jurisdictions are preventing ICE's lawful, Congressionally-mandated enforcement efforts to enforce the laws its officers and agents are sworn to uphold, against the exact same criminals. Instead of enforcement actions taking place within the safe confines of local jails, ICE is forced to increase its presence in corresponding communities as a result of these sanctuary policies.