The international organization Human Rights Watch released a letter to DHS Secretary Janet Napolitano commenting on the new Immigration and Customs Enforcement ("ICE") draft detainer policy. The draft detainer policy was drafted with the goal of clarifying and standardizing the circumstances that should lead to ICE placing immigration detainers on foreign nationals held by local law enforcement agencies. While Human Rights Watch applauded DHS for its attempt to formalize a detainer policy, it pointed out that the current draft policy does not do enough to safeguard the rights of detained immigrants.
Importantly, the draft policy does not include any requirement that there be a clear legal basis for the issuance of a detainer and does not provide detainees with any grounds to challenge their custody under a detainer. Human Rights Watch also suggests that ICE implement data tracking systems on the duration of time individuals spend in the custody of local law enforcement due to ICE-issued detainers, how many people are held under detainer who are not ultimately served with a Notice to Appear, the underlying basis for detainers, and the immigration status of persons held under detainer (including how many U.S. Citizens are mistakenly held on detainers).
To read the complete letter to Secretary Napolitano, click here.
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