I’ve been dealing with immigration detainers in jails for the past couple of months. I think there is some confusion as to how it works.
Federal agents (ICE) are already notified whenever someone is arrested and identity information like fingerprints are passed along. They have an option of issuing an immigration detainer which holds the person arrested for 2–4 additional days after whatever they were arrested for is dealt with (I think the statute is 48 business hours). So you’re arrested for public intoxication on a Friday, would normally get out the next day, but an ICE detainer is issued and you will instead either be picked up by ICE or released on Tuesday or Wednesday some time.
The main complaint seems to be that local jails are just supposed to hold the people with no or little compensation and not much information back. Any interviews or additional information gathering is done within the jail and then sent to ICE for review and any legal challenges would be the responsibility of the community doing the jailing (state, city, county, etc), they can’t just say ICE requested it.
Several court cases called into question whether it was legal to hold people like this. ACLU Summary so that along with costs prompted some local areas to start selectively honoring the requests, mainly decided on the seriousness of the charge.
Here’s a decent primer on the situation in Texas from a little while ago. Texas counties see price tags on both sides of ‘sanctuary’ debate.
The Federal Government is already doing raids on their own, without local support or information, so that’s not really a change. “Sanctuary cities” at this point just means local governments don’t hold people without a conviction any longer than they usually would.
Isn’t that how jail is supposed to work? You’re arrested only as long as necessary, then allowed release until you have a day in court?
If ICE wants them, they just show up at the courthouse and take them then it seems.
So for the question, right now both of the presented “bad” options are happening. Federal enforcement at a local level AND requirements for local authorities to do the leg work without compensation.