No. of Recommendations: 2
BHM, the bolded parts are likely where liability comes in. Let the Feds assume the liability by getting a judicial warrant.
"ICE issues an immigration detainer (Form I-247A) to federal, state, or local law enforcement agencies
when they have probable cause to believe an individual in custody is a deportable non-citizen. These are typically issued for individuals convicted of, or charged with, serious crimes, or those posing a public safety/security threat.
Key details regarding when ICE issues a detainer:
Trigger Mechanism: Often triggered through the "Secure Communities" program, where fingerprint checks identify individuals in local custody.
Probable Cause Requirement: ICE must have information, such as a biometric match, final order of removal, or statements, indicating the person is removable.
Purpose: The detainer requests that local law enforcement maintain custody of the individual for up to 48 hours (excluding weekends/holidays) after their scheduled release date to allow ICE to assume custody.
Common Targets: Individuals with convictions for homicide, sexual assault, drug trafficking, or human trafficking, as well as repeat immigration violators.
Legal Nature: It is a formal request, not a judicial warrant, although it often accompanies an administrative warrant (Form I-200 or I-205)."
