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If ICE does want a prisoner held in custody, the new policy specifies that the agency provide the local or state authorities with “sufficient probable cause to find that the person is a removable alien, thereby addressing the Fourth Amendment concerns raised in recent federal court decisions.”
Use of ICE detainers was already declining when the policy was changed last year, according to agency records obtained through a Freedom of Information Act request from the Transactional Records Access Clearinghouse at Syracuse University.
According to the clearinghouse’s figures, issuance of ICE detainers peaked in 2011 at a rate of more than 27,000 per month nationally. By early 2014, they had fallen to around half that level, and at the end of last year, the number was down to about 8,000.
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