Stop ignoring the difference between ICE detainers and warrants

Source: Niskanen Center
by Kristie de Pena

“When ICE issues a detainer request asking local law enforcement agencies to hold individuals after they are eligible for release, law enforcement is likely violating the Fourth Amendment, primarily because ICE detainers and warrants have wildly different procedural requirements, and confer fundamentally different rights. Whereas a warrant requires review by a judge, a valid ICE detainer is issued by any ICE officer who determines there is reason to believe an individual is an alien subject to removal. This standard extends significant deference to immigration officials, whereas the Fourth Amendment warrant requirements extend protections to the individual.” (04/05/17)