Putting TRAC to Work
  Legal and Scholarly
Brooklyn Law Review
June 21, 2019

Immigration Detainers, Local Discretion, and StateLaw ’s Historical Constraints
By Kate Evans


A key means of conscription is the immigration detainer. Immigration detainers are administrative forms used by federal immigration agents that ask local law enforcement officers to notify immigration agents of the migrant's expected datea of release from jail or prison, rearrest the migrant, and hold him or her in local jails beyond the time justified by local criminal charges. If a detainer is issued, individuals may be held even if bail is posted or the charges are dropped. This article focuses on the particular impact and legal challenges of prolonging local custody due to a federal detainer. Detainers are not limited to people suspect of being in the United States without authorization, but area also used to target long-time awful permanent resident who may have violated immigration laws...[Citing TRAC research and reports].


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