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Diane Publishing Books
Immigration Detainers: Legal Issues
Kate M. Manuel (au)
An ńˇýimmigration detainerńˇŁ is a document that advises other law enforcement agencies that the Dept. of Homeland Security (DHS) -- and specifically U.S. Immigration and Customs Enforcement (ICE) -- seeks custody of an alien whom they are holding in order to arrest and remove the alien. ICE and its predecessor, the Immigration and Naturalization Service (INS), have used detainers as one means of obtaining custody of aliens for removal proceedings since at least 1950. However, implementation of the Secure Communities program has recently prompted numerous questions about detainers. This program relies upon information sharing between various levels and agencies of government to identify potentially removable aliens. Contents of this report: (1) Introduction; (2) Background; (3) Legal Issues:Are ICEńˇ╗s Detainer Regulations and Practices Within Its Statutory Authority?; Are States and Localities Required to Comply with Immigration Detainers?; Who Has Custody of Aliens Subject to Detainers?; Do Detainer Practices Violate Aliensńˇ╗ Constitutional Rights?: Are Aliens ńˇýSeizedńˇŁ in Violation of Their Constitutional Rights?; Do Detainers Result in Aliens Being Deprived of Liberty Interests Without Due Process of Law?; (4) Conclusion. This is a print on demand report.
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