BIA Edge

Practitioner resource library

ICE Detainers: Advice and Strategies for Criminal Defense Counsel

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 n

Immigrant Legal Resource Center Practice advisory Jan 24, 2022 Direct PDF available

Why it matters

Useful as a practitioner-oriented overview from Immigrant Legal Resource Center on Crimes; review the source material for the most current authority and procedure.

Topics

Crimes and categorical approach

Workflows

Crim-imm screening

Forums

Cross-forum

Jurisdictions

National