What are ICE detainers, how do they affect a criminal case, and how can counsel get rid of them? This advisory walks through all the legal and practices issues around ICE detainers, including the role of ICE in issuing them and the role of local or state jailors in responding. We discuss the importance of incorporating ICE detainers into pre-trial strategy, the legal and constitutional issues implicated by ICE detainers, and the various ways to challenge or rescind a detainer. This advisory is national; it identifies various different state laws affecting ICE detainers.
For CA-specific advice, see: https://www.ilrc.org/sites/default/files/resources/note_5a_ice_detainers_2021_final.pdf.