- Thursday December 29th, 2011 :: 06:34 p.m. PST
New Immigration Hold Procedures for the LA County Jail System
On December 26, 2011, U.S. Immigration and Customs Enforcement (ICE) began using a new detainer form that will be used to notify Law Enforcement Agencies (LEA) that ICE intends to assume custody of an individual in the LEA’s custody.
The detainer serves as a request that the LEA notify ICE before releasing a person alleged to be in the country illegally (alien) and maintain custody of the subject for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays, to allow ICE to assume custody.
ICE’s underlying authority for lodging a detainer is found in federal regulation 8 C.F.R. 287.7(d), which states that, “[u]pon a determination by the Department to issue a detainer for an alien not otherwise detained by a criminal justice agency, such agency shall maintain custody of the alien.”
Prior to the new detainer form being revised there was no standardized means by which an individual would be advised of the federal detainer hold. ICE has requested that LEA's implement the use of the new form. This includes providing a copy of the form to the subject of the detainer and a notice advising him or her that ICE intends to assume custody upon their release from local authorities.
The notice informs these individuals that ICE has requested the LEA to maintain custody beyond the time when they would have been released by the state or local law enforcement authorities based on their criminal charges or convictions. The notice contains translations into Spanish, French, Portuguese, Chinese, and Vietnamese.
The new measures include a new detainer form and the launch of a toll-free hotline – (855) 448-6903 – that detained individuals can call if they believe they may be U.S. citizens or victims of a crime. The hotline will be staffed 24 hours a day, seven days a week by ICE personnel at the Law Enforcement Support Center.
The Los Angeles County Sheriff’s Department (LASD) is extremely concerned about the possibility of individuals being held improperly on ICE detainers, and has initiated new protocols to further decrease this unusual occurrence.
Any department member receiving notice of an inmate claiming United States citizenship with an ICE detainer shall make immediate notification to their supervisor, who in turn, will contact the on-duty ICE representative for investigation.
ICE has been very responsive and has provided 24/7 operational phone numbers for LEA's. They have assured the LASD that, upon notification, they will expeditiously investigate all claims of citizenship status. Once the investigation has been conducted, and when applicable, the LASD will be advised that a hold has been released by ICE. The inmate will then be immediately processed for release if there are no other charges pending.
Sheriff's Headquarters Bureau
Los Angeles County Sheriff's Department
(See the ICE News Release by clicking on the hyperlink below)
News Release - U.S. Immigration and Customs Enforcement
ICE establishes hotline for detained individuals, issues new detainer form
News Media inquiries to the Los Angeles County Sheriff's Department should be directed to:
Senior Media Advisor Steve Whitmore (323-267-4800)
Captain Mike Parker
Sheriff’s Headquarters Bureau – Newsroom
Los Angeles County Sheriff's Department
Email & Text: www.Nixle.com
Leroy D. Baca, Sheriff
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