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House of Representatives
Session of 2019 - 2020 Regular Session

MEMORANDUM

Posted: December 27, 2018 12:50 PM
From: Representative Ryan Warner
To: All House members
Subject: State and Local Law Enforcement ICE Detainer Compliance (Prior HB 1667)
 
In the near future, I will be introducing legislation that would require state and local law enforcement agencies to comply with federal law and cooperate with federal immigration officials. Specifically, the legislation would require state and local law enforcement agencies to comply with requests to notify federal immigration officials before the release of certain individuals as well as maintain custody of certain individuals already in their custody for up to 48 hours beyond when such individuals would otherwise be released.

Pursuant to federal law, the U.S. Department of Homeland Security (“DHS”) – in particular, Immigration and Customs Enforcement (“ICE”) – may issue a detainer for an individual who is currently in the custody of a state and local law enforcement agency. The purpose of the detainer is to allow for ICE the opportunity to take custody of the individual. The state and local law enforcement agency cannot maintain custody of the individual for more than 48 hours beyond the time that the alien would otherwise be released.

Not only will this legislation promote the rule of law, it will also require state and local law enforcement agencies to cooperate with the federal government and assist the federal government in achieving success with respect to their immigration priorities. Detainers may be placed on a variety of individuals, including, but not limited to:
  • aliens who have committed specified criminal offenses or types of criminal offenses – typically aggravated felonies or two or more crimes involving moral turpitude;
  • aliens suspected of terrorist activity or other activity that endangers national security; and
  • aliens who have committed particular criminal offenses relating to controlled substances. 8 U.S.C. §§ 1226a and 1357(d).
Detainers therefore are no more than the mechanism used by ICE to take custody of individuals who the federal government has decided should not be returned to the community.

Ignoring the federal government’s determination that an alien should not be returned to the community and releasing that alien from custody without giving the federal government the opportunity to take custody of the individual is not sound public policy. I respectfully request your co-sponsorship on this very important issue. If you have any questions regarding this legislation, please contact my office at 783-1707.