Post #69349 by albaby1 on the US Policy board

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Then I withdraw my agreement with the reasonableness of the list.

But...that's a constitutional requirement for detentions.

State government can't just lock you up. They can't hold you in a jail because they want to. Once all the reasons they could hold you under state law have disappeared (your sentence is up, you've made bail, the charges were dropped, whatever) then they don't have a legal basis to restrain your liberty any more. You're free to go. They need probable cause under the Constitution if they're going to detain you past that point.

So ICE has to give them probable cause to demonstrate that there's a Constitutionally valid basis for holding you. That's why their detainer form requires that information to be provided. Otherwise it's illegal for them to hold you.

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