Litigating Immigration Detainer Issues
Chapter 34 in Colorado Bar Association, Immigration Law for the Colorado Practitioner (Oct. 2011)
22 Pages Posted: 3 Sep 2012 Last revised: 26 Oct 2017
Date Written: 2011
The immigration detainer is the principle mechanism for Immigration and Customs Enforcement (ICE), the enforcement arm of the Department of Homeland Security (DHS), to obtain custody over suspected immigration violators in the custody of state or local law enforcement officials. Published following Colorado's joining in ICE's "Secure Communities" program, this Chapter addresses the legal problems attendant to immigration detainers, including potential Fourth Amendment and Tenth Amendment challenges. The Chapter also addresses various remedies available in immigration proceedings to redress constitutional violations incurred in the processing of immigration detainers, and includes "practice pointers" for litigation.
Keywords: immigration, civil rights, immigration detainers, rendition
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