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Original Date Announced
March 24, 2017ICE policy directive revises procedures for issuing civil immigration detainers to law enforcement agencies (LEA). The directive replaces the former Priority Enforcement Program detainer forms that were based primarily on voluntary notification and action. It returns to an Immigration Detainer -- Notice of Action, as used in the revived Secure Communities program that PEP had replaced. The detainer requests LEAs to continue to maintain custody of non-immigrants for up to 48 hours after the individual should be released, so that ICE may determine whether to assume custody.
Detailed guidance for ICE officers on detainer issuance: (a) should be issued regardless of whether LEA concerned regularly cooperates; (b) requires probable cause (defined) and should be accompanied by an administrative warrant (Form I-200 or Form I-205); (c) noncitizen must have been arrested by LEA for a criminal offense; (d) no detainers may be issued based upon the initiation of an investigation; (e) foreign-born no-matches in databases do not suffice for probable cause; (f) ICE must promptly assume custody or cancel detainer. [ID #258]
ICE Policy 10074.2 (2017) - Issuance of Immigration Detainers by ICE Immigration OfficersEffective Date
April 2, 2017Subsequent Trump and Court Action(s)
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November 25, 2024
2024.11.25 Class Action Settlement Agreement and Release - Gonzalez v. ICE
The U.S. District Court for the Central District of California approved a class action settlement in Gonzalez v. ICE, No. 13-cv-04416 (C.D. Cal.) which applies to ICE detainer practices nationwide for five years, effective March 4, 2025. The settlement agreement requires ICE to make a probable cause determination before issuing certain immigration detainers and establish a process for neutral review of the determination within 48 hours of issuing a detainer.
**Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**
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Current Status
Partially in effectOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveAgencies Affected: ICEPre Trump-Era Policies
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November 20, 2014
DHS Secretary Jeh Johnson ended Secure Communities and replaced it with the Priority Enforcement Program, which set priorities for the issuance of detainers consistent with narrower enforcement priorities contained in Policies for the Apprehension, Detention and Removal of Undocumented Immigrants, and generally replaced requests for detainers (holding an individual beyond release time) with requests for notification (notifying ICE of a pending release).
Priority Enforcement Program
Documents
Trump-Era Policy Documents
To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
Commentary
2025.04.17 Understanding the Gonzalez v. ICE Detainer Settlement Agreement and How to Identify Violations - National Immigrant Justice Center
The National Immigrant Justice Center provides a resource explaining the Gonzalez v. ICE detainer settlement agreement and how to identify violations.
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