AILA and NIJC Policy Brief: ICE's Detainer Program Operates Unlawfully

Immigration and Customs Enforcement (ICE)'s use of detainers is increasingly in the spotlight as states and localities that restrict their cooperation with federal immigration enforcement efforts come under fire. AILA and NIJC's Policy Brief summarizes the legal and constitutional requirements governing ICE's detainer practice and the ways in which ICE's current practice routinely violates these constraints. At a time when ICE issues more than 5,000 detainers in violation of federal law and the Constitution every month, states and localities that have restricted or are considering restricting their cooperation are well within their rights to question participation in an unlawful program. AILA and NIJC demand that ICE be held accountable in the design and implementation of its detainer program.