Immigration Enforcement

Advocacy Tools to Better Understand and Combat Immigration Enforcement

Recent years have seen a rise in immigration enforcement and a marked shift in its implementation.  In years past, Immigration and Customs Enforcement (ICE) utilized tools such as workplace raids to detain and eventually deport thousands of noncitizens.  Today, ICE captures noncitizens by relying upon local and state law enforcement; looking to identification programs such as Secure Communities (S-Comm), the 287(g) program, and the Criminal Alien Program (CAP).  As a result, deportations have reached an all-time high, with 409,849 in 2012 and similar forecasts for years to come.

However, as immigration enforcement has ratcheted up, so has advocacy.  The ILRC has been at the forefront of campaigns locally and nationally to fight back against immigration enforcement and protect our communities.  Below, advocates will find a series of tools regarding immigration enforcement advocacy, including educational tools to better understand these complex issues and strategy tools for campaigns.  For questions about these materials or to seek assistance in starting a local campaign or joining national efforts, contact Angie Junck at ajunck@ilrc.org or Grisel Ruiz at gruiz@ilrc.org.

Detainer Map

Red flag = State Law
Purple flag = County law or policy
Green flag = City law or policy

White flag = Resolution
Red Pin-dot = sheriff announcement
Yellow Pin-dot = policy exists; details unknown

Detainer Policies

Documents

Letter to County Counsel and Sheriffs regarding Miranda-Olivares v. Clackamas County

This letter was sent to all California County Counsel and Sheriff Offices to advise on Miranda-Olivares and urge jurisdictions to stop complying with Immigration detainers, unless or until such detainers are accompanied by a judicial determination of probable cause to satisfy the requirements of the Fourth Amendment.

Immigration Detainers Update

This summary provides details on recent groundbreaking federal court rulings related to immigration detainers. Learn what these decisions mean and how to use this information with your own local sheriffs, other law enforcement, and elected officials.

Memorandum to All County Counsel Offices Regarding Interpretation and Implementation of the TRUST Act

This memorandum was sent to all California County Counsel offices on December 19, 2013.  The letter discusses interpretation and implementation of the TRUST Act.  Advocates may use this letter to better understand the Act as well as in advocacy.

How the CA TRUST Act Interacts with Local Immigration Enforcement

This guide explains how the California TRUST Act interacts with other ICE enforcement programs in California jails, such as the Criminal Alien Program, 287(g), and Secure Communities.

Law Governing Immigration Enforcement Against Juveniles in California

An advocate's review of various laws and policy that govern immigration enforcement against juveniles in California, including the TRUST Act (AB 4) and state confidentiality laws.

The California TRUST Act: A Guide for Criminal Defenders

On October 5, 2013, Governor Brown signed AB 4, the TRUST Act, which went into effect January 1, 2014.  It will be codified as Gov. Code §§ 7282, 7282.5.  The TRUST Act prevents local law enforcement from detaining noncitizens pursuant to an immigration “hold” or detainer beyond the time that they otherwise could be released from criminal custody.  This Guide discusses how the TRUST Act works and defense strategies in light of the Act.

TRUST Act Toolkit: Implementation Questions for Sheriff Meetings

The California TRUST Act, which limits collaboration between local law enforcement and Immigration and Customs Enforcement though ICE holds, goes into effect January 1, 2014.  This document provides advocates with questions for law enforcement meetings to ensure that the TRUST Act is properly implemented. 

What Happens in Deportation Proceedings? A Guide for Immigrants in the CA Criminal Justice System

Because there are no public defenders in immigration proceedings, it is important to arm noncitizen defendants with as much information as possible if transferred over to Immigration and Customs Enforcement (ICE).  This handout provides noncitizens in the criminal justice system with rights and relevant information for their criminal case and immigration case.  Spanish Translation forthcoming.

ICE Parental Directive

On August 23, 2013, ICE issued a directive on “Facilitating Parental Interests in the Course of Civil Immigration Enforcement Activities.”  This document summarizes the guidelines laid out in the directive. 

CAP Advocacy Guide

New Advocacy Guide for ICE's massive Criminal Alien Program (CAP), from the National Immigrant Project, Washington Defenders Association, and the Immigrant Legal Resource Center.

Revised 2012 ICE Detainer Guidance: Who It Covers, Who It Does Not, & the Problems that Remain

The National Immigrant Project (NIP) and the Immigrant Legal Resource Center (ILRC) announce Practice Advisory regarding the December 2012 ICE Detainer Guidance & Form:  In December 2012, Immigration and Customs Enforcement (ICE) announced new ICE detainer guidance and issued a new detainer form which it claimed would result in the issuance of fewer detainers.  The attached Practice Advisory provides guidance surrounding what this change actually means.  In particular, the advisory discusses who will continue to be captured by the new ICE detainer guidance, who will be helped, and the administrative and procedural problems that remain.