Litigating Immigration Detainer Issues
Chapter 34 in Immigration Law for the Colorado Practitioner (Dec. 2016 ed.)
22 Pages Posted: 21 Dec 2014 Last revised: 21 Feb 2017
Date Written: December 1, 2016
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. Originally published following Colorado's joining of ICE's Secure Communities program, this Chapter (revised in the December 2016 edition to address recent case law and the revised detainer guidance and forms issued in and after the November 2014 demise of Secure Communities and rise of the Priority Enforcement Program) 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, Tenth Amendment
JEL Classification: K10, K14, K39
Suggested Citation: Suggested Citation