ICE revises policies and procedures regarding issuance of civil immigration detainers

Original Date Announced
March 24, 2017
ICE 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 Officers
Effective Date
April 2, 2017

Fully in Effect

Status: Final/Actual

Trump Administration Action: Agency Directive

Subject Matter: Detention Interior

Agencies Affected: ICE

Pre Trump-Era Policies

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). Go to article on ice.gov