Litigating Immigration Detainer Issues

Chapter 34 in Immigration Law for the Colorado Practitioner, Second Edition, Revised November 2019

42 Pages Posted: 26 Oct 2017 Last revised: 6 Dec 2019

See all articles by Christopher N. Lasch

Christopher N. Lasch

University of Denver Sturm College of Law

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Date Written: November 29, 2019

Abstract

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.

This November 2019 update takes into account important developments, including cases issued since the 2016 update and developments under the new federal administration.

Note: Reproduced by permission of the Colorado Bar Association CLE from Immigration Law for the Colorado Practitioner, 2019, p. 829. © Colorado Bar Association CLE, 2019. All rights reserved.

Keywords: immigration, civil rights, immigration detainers, rendition

Suggested Citation

Lasch, Christopher N., Litigating Immigration Detainer Issues (November 29, 2019). Chapter 34 in Immigration Law for the Colorado Practitioner, Second Edition, Revised November 2019, Available at SSRN: https://ssrn.com/abstract=3059281

Christopher N. Lasch (Contact Author)

University of Denver Sturm College of Law ( email )

2255 E. Evans Avenue
Denver, CO 80208
United States
303-871-6368 (Phone)

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