Testimony Regarding Immigration Detainers
1 See Cindy Carcamo, “More Jails Refuse to Hold Inmates for Federal Immigration Authorities,” L.A. TIMES, Oct. 4, 2014, available at http://www.latimes.com/nation/immigration/la-na-ff-immigration-holds-201...
2 Immigration Detainer– Notice of Action Form I-247, available at https://www.ice.gov/doclib/secure-communities/pdf/immigration-detainer-f... (last accessed Oct. 9, 2014).
3 See 8 C.F.R. § 287.7(e).The one exception is the State Criminal Alien Assistance Program (SCAAP), which provides payments to states and localities that incur correctional officer salary costs for incarcerating undocumented criminal aliens with at least one felony or two misdemeanor convictions for at least four consecutive days. See Office of Justice Programs, Bureau of Justice Assistance, State Criminal Alien Assistance Program, available at https://www.bja.gov/Funding/14SCAAP_Guidelines.pdf (last visited Oct. 9, 2014).
4 See e.g., AARTI SHAHANI, JUSTICE STRATEGIES, NEW YORK CITY ENFORCEMENT OF IMMIGRATION DETAINERS: PRELIMINARY FINDINGS 4 (2010) (“Noncitizens with an ICE detainer are effectively barred from pre-trail release on bail, no matter the offense level.”); THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK, IMMIGRATION DETAINERS NEED NOT BAR ACCESS TO JAIL DIVERSION PROGRAMS 3 (2009) (“While immigration detainers are not the equivalent of a final removal order and not all individuals with detainers will necessarily be removed . . . many in the criminal justice system will assume a detainer cannot be lifted and therefore disqualifies an immigrant from participating in a jail diversion program, no matter how much he or she would benefit or how much the savings would be to city and state resources.”).
5 See e.g., Rebecca T. Wallace, “The Terrible Toll of ICE Detainers,” Jun. 6, 2014, available at https://www.aclu.org/blog/immigrants-rights-racial-justice/terrible-toll....
6 See Local Law No. 62 Int. No. 656-A (2011); Local Law No. 21 Int. No. 982-A (2013); Local Law No. 22 Int. No. 989-A (2013).
7 See New York City Department of Corrections, SUMMARY OF DISCHARGES OF INMATES WITH FEDERAL IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) DETAINERS, available at http://www.nyc.gov/html/doc/html/about/ ICE_Report_2013.pdf (last accessed Oct. 9, 2014).
9 See e.g., Immigration and Customs Enforcement, “Ice Detainers: Frequently Asked Questions,” available at https://www.ice.gov/news/library/factsheets/detainer-faqs.htm. (last accessed Oct. 9, 2014) (“An immigration detainer serves three key functions: 1) to notify an LEA that ICE intends to assume custody of an alien in the LEA's custody once the alien is no longer subject to the LEA's detention; 2) to request information from an LEA about an alien's impending release so ICE may assume custody before the alien is released from the LEA's custody; and 3) to request that the LEA maintain custody of an alien who would otherwise be released for a period not to exceed 48 hours (excluding Saturdays, Sundays, and holidays) to provide ICE time to assume custody.” (emphasis added).
10 Galarza, 745 F.3d at 645.
11 See Morales v. Chadbourne, 2014 WL 554478 (D.R.I. Feb. 12, 2014).
12 Miranda-Olivares v. Clackamas County, 2014 WL 1414305, at *11 (D. Or. Apr. 11, 2014).
13 On October 1, 2014, the Northern District of Illinois also granted class certification in a federal class action lawsuit challenging the federal government’s use of detainers to hold immigrants in the custody of LEAs. The class certification grant could affect all detainers originating from the Chicago ICE field office, which issues detainers against individuals in 30 states. See Jimenez Moreno et al v. Napolitano et al, 11-cv-05452 (N.D. Ill). See also Press Release, National Immigrant Justice Center, “Federal Court Certifies Class Action Challenging Immigration Detainers,” Oct. 1, 2014, available at http://www.immigrantjustice.org/press_releases/federal-court-certifies-c....
14 See Carcamo, supra note 1. See also Press Release, The American Civil Liberties Union, “All Colorado Jails Now Reject Federal Immigration Detainers,” Sept. 18, 2014, available at https://www.aclu.org/immigrants-rights-prisoners-rights/all-colorado-jai....
16 The New York Civil Liberties Union, “NY Sheriffs Stop Unlawfully Jailing Immigrants Thanks to NYCLU Advocacy,” Oct. 9, 2014, available at http://www.nyclu.org/news/ny-sheriffs-stop-unlawfully-jailing-immigrants.... See also Kirk Semple, New York State Sheriffs Shying Away From Immigration Detention,” THE N.Y. TIMES, Jul. 30, 2014, available at http://www.nytimes.com/2014/07/31/nyregion/new-york-state-sheriffs-shyin....
17 See NYCLU Phone Conversations with New York State Sheriffs, June-September 2014.
18 Intro No. 487 has one exception for the NYPD: it may honor a detainer if the detainee “A. has been convicted of a serious or violent crime, or is identified as a possible match in the terrorist screening database, and B. has previously been deported.” Intro No. 487 §6(2)(i)(2)(A)-(B).
19 Intro No. 486 includes a few exceptions to this rule: communication or response to ICE can occur if it “(i) relates to a person convicted of a violent or serious crime or identified as a possible match in the terrorist screening database; (ii) is unrelated to the enforcement of civil immigration laws; or (iii) is otherwise required by law.” And immigration officials can maintain a physical presence on Riker’s Island only to the extent that “the mayor may, by executive order, authorize federal immigration authorities to maintain an office or quarters on such land for purposes unrelated to the enforcement of civil immigration laws. See Intro No. 486, § 4(h)(1)-(2).
20 Immigrant Legal Resource Center, CAP ADVOCACY GUIDE, available at http://www.ilrc.org/ files/documents/cap_advocacy_guide.pdf (last accessed Oct. 9, 2014).
22 See Carcamo, supra note 1.
23 The City Council should review the detainer policies and practices of all other city agencies that might be asked to hold an individual based solely on an ICE request. Department of Probation (DOP) officials have recently informed advocates that it has stopped honoring ICE requests, though it did honor those requests in the past. Temporarily detaining a probationer until ICE arrives to pick them up constitutes a new seizure, which must be justified by a new probable cause finding, and an internal ICE administrative warrant that is not signed by a judge does not meet the probable cause requirement.