Publication

This report surveys the various authorities governing immigration detainers in the US, including the standard detainer form sent by Immigration and Customs Enforcement to other law enforcement agencies. It also discusses key legal issues raised by immigration detainers, including (1) whether the Department of Homeland Security’s detainer regulations and practices are beyond its statutory authority; (2) whether states and localities are required to comply with immigration detainers; (3) who has custody of aliens subject to detainers; and (4) whether detainer practices violate the constitutional rights of aliens.