Immigration Detainers: Legal Issues

Manuel, Kate M.

Library of Congress. Congressional Research Service.

关键词: Immigration;    Immigration policy;    Immigration law;    Illegal aliens;   

RP-ID  :  R42690
RP-ID  :  R42690_2014Oct06

美国|英语

来源: UNT Digital Library

【 摘 要 】

"This report surveys the various authorities governing immigration detainers, including the standard detainer form (Form I-247) sent by U.S. Immigration and Customs Enforcement (ICE) to other law enforcement agencies. The report also discusses key legal issues raised by immigration detainers, including whether Department of Homeland Security's (DHS's) detainer regulations and practices are beyond its statutory authority; whether states and localities are required to comply with immigration detainers; who has custody of aliens subject to detainers; and whether detainer practices violate aliens' constitutional rights. In considering these topics, it is important to note that Form I-247 and DHS's detainer practices have changed several times since 2010, and that decisions on the merits have not yet been issued in many cases challenging the use of detainers in conjunction with the Secure Communities program" (p. 6).