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Immigration and Customs Enforcement (ICE) routinely issues detainer requests to hold inmates for up to 48 hours longer than they ordinarily would before release — excluding weekends and holidays — because of suspected civil immigration offenses.
ICE sends them directly, without going to a judge, the ACLU notes. In several cases, the inmate is undocumented and possibly deportable. However, the ACLU says that doesn’t happen in every case.
County jails in New Jersey received at least 5,844 detainer requests from ICE between October 2011 and August 2013, nearly two-thirds of which involved people charged but not yet convicted of crimes, the ACLU said, citing date from the Transactional Records Access Clearinghouse at Syracuse University.
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