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64 Am. U. L. Rev. 109 (2014-2015)
Putting a Hold on Ice: Why Law Enforcement Should Refuse to Honor Immigration Detainers

handle is hein.journals/aulr64 and id is 117 raw text is: COMMENT PUTTING A HOLD ON ICE: WHY LAW ENFORCEMENT SHOULD REFUSE TO HONOR IMMIGRATION DETAINERS ALIA AL-KHATIB* Beginning in the 1 980s, immigration law began to place greater emphasis on noncitizens' past criminal convictions as grounds for deportation. This shift led to the deportation of many noncitizens with strong ties to the United States. In its effort to deport noncitizens with criminal convictions, the Department of Homeland Security (DHS) has developed various programs through which local law enforcement can partner with Immigration and Customs Enforcement (ICE). The immigration detainer, also known as an ICE hold, is one tool used by ICE to facilitate the deportation of noncitizens with criminal convictions. Immigration detainers are requests made by ICE to local law enforcement agencies to maintain custody of noncitizens, who are already detained for state or local charges, for a forty-eight hour period beyond that required in their criminal case. The practice of enforcing immigration detainers has led to the mistaken detention of U.S. citizens and the prolonged detention of noncitizens, including those with minor, nonviolent criminal convictions. By issuing detainers without sufficient probable cause, ICE violates the Fourth Amendment rights of both noncitizens and U.S. citizens held under immigration detainers. Local law enforcement agencies violate the Fourth * Senior Staff Member, American University Law Review, Volume 64; J.D. Candidate 2015, American University Washington College of Law; B.A., 2008, Vassar College. Thank you to the staff and board of the American University Law Review for their insightful comments and work on the piece. I am especially grateful to Professor Anita Sinha for serving as my faculty advisor and for providing invaluable feedback and encouragement. Finally, thank you to those who have provided me with support and guidance both in writing this piece and in myjourney through law school.

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