Practice Advisory: ICE Detainers Are Illegal - So What Does That Really Mean?

Over the years, various courts throughout the country have agreed that prolonging custody of a person solely based on an ICE detainer request is unlawful for numerous reasons. This advisory provides a summary of the court decisions related to ICE detainers and the arguments to challenge localities that continue to detain people for ICE. The cases discussed here illustrate some of the detailed arguments that are developing over what the Fourth Amendment requires and what is authorized or not by federal and state laws.