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senate Bill S. 2739

Should it be Clearly Legal for State & Local Law Enforcement to Comply with ICE Detainer Requests?

Argument in favor

When state and local law enforcement agencies decline to comply with Immigration and Customs Enforcement (ICE) detainer requests, they make communities less safe. Allowing unauthorized immigrants who have committed crimes to leave jail or prison and return to the general population, rather than facing deportation, is clearly a bad policy that puts people at risk.

Truth2020's Opinion
···
11/23/2019
Some accomplishments of President Trump * More Americans are employed than ever recorded. * Unemployment claims hit 50 year low. * Median household income has hit highest level ever recorded. * African-American, Hispanic, and Asian unemployment at lowest rate ever recorded. * Almost 4 million Americans have been lifted off food stamps. * WIC Welfare Participation Hits 17-Year Low * Record number of regulations eliminated. * Obamacare individual mandate penalty repealed. * Signed Right-To-Try legislation. * Reformed Medicare to stop hospitals from overcharging low-income seniors for drugs. * Largest decline in drug prices in nearly 50 years. * Signed executive order protecting Medicare * Signed law to expand Childhood Cancer Research * Secured $6 billion in NEW funding to fight the opioid epidemic. * Signed VA Choice Act and VA Accountability Act, expanded VA telehealth services, walk-in-clinics, and same-day urgent primary and mental health care. * Signed bill to fund Autism CARES Act * Signed First Step Act criminal justice reform into law * Production of Hemp to become Legal in all 50 States with Farm Bill passage * Moved U.S. Embassy to Jerusalem. * America is now the worlds largest oil producer * We have begun BUILDING THE WALL. * Signed Bill Protecting Disability Payments for Veterans Who Declare Bankruptcy * Signed Law Punishing Chinese Officials Who Restrict Access to Tibet * Signed bill requiring Airports to provide spaces for Breastfeeding Moms * Signed law fighting sex-trafficking, arrests soar. * Signed law creating national historic park for Martin Luther King Jr. * Signed Historic USMCA trade agreement replacing NAFTA * Executive order to reduce operating costs of the Federal Government * Cut the White House budget - Saved taxpayers $22 million * Ben Carson Finds $500 Billion In Errors during Audit of Obama HUD * Black Business Ownership Under Trump JUMPS 400 PERCENT in ONE YEAR * Business Investments up 39 Percent Due to Tax Cuts * Utilities cutting rates, cite benefits of Trump tax reform * China opens rice market for US exports for first time ever * U.S. home sales hit 11-year high * Gas prices at a 12-year low * The United States has Liberated All ISIS-Controlled Territory * Signed order directing an increase in Cyber Security * US signed proclamation against Female Genital Mutilation and Cutting * Signed ‘Forever GI Bill,’ boosting aid to student vets
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operaman's Opinion
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11/24/2019
It is the Law! If you don't like the Law, tell Congress.
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Just.Dave's Opinion
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11/24/2019
If a citizen of the United States commits a crime in one state and flees to another, state and/or local authorities must detain the individual until the US Marshals (yes, Jackie, federal law enforcement) can extradite the individual back to the state of the offense... Absolutely, the same goes for criminal non-citizens; they must be detained until ICE arrives, to 'extradite' them back to wherever they came from... Criminal prosecution would be nice too, but that would just keep them in the US longer on tax payer dollars... Just put them on a bus back to Mexico. Preferential treatment for non-citizens needs to go, especially to those that commit horrendous crimes (sex offenses, murder, etc.) in addition to the crime of entering the US illegally... Make an example of these monsters!
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Argument opposed

State and local law enforcement’s job is to keep communities safe, not to act as an extension of federal immigration authorities. As ICE detainer requests are merely requests, not warrants or court orders with the force of law behind them, local law enforcement has the right to decide not to comply with them if they deem it inappropriate to do so.

Chris's Opinion
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11/23/2019
Local and state police are not ICE. This is a clear overstepping of federal authority.
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Laura's Opinion
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11/23/2019
ICE needs to go! They are committing human rights offenses.
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jimK's Opinion
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11/24/2019
State and locality police are accountable to State and Locality regulations and direction by their Civil government. ICE has no legal standing to walk in and treat local and state police as an extension of their organization and tell them what they have to do, that they are obligated to let ICE officers override their direction. If ICE operated with the same legal standards regarding right to privacy, due cause, judicial orders to detain then possibly the locality and State police could be directed by their civil authority to selectively support ICE operations. Until ICE has the kind of civil oversight we expect our police to have (which it does not), there could be significant and consequential abuses of police authority by making police support ICE actions which currently are not held to the same legal standards. Until a significant civil oversight exists of ICE operations and ICE is held accountable for actions which are unlawful for State and Locality police- ICE must be kept completely separate. If an immigrant is lawfully charged with a crime, that is a police matter and should be referred to locality police for handling- not ICE, as they are not a police force.
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What is Senate Bill S. 2739?

This bill — the Immigration Detainer Enforcement Act of 2019 — would make it clearly legal for state and local authorities to hold unauthorized immigrants in jail in compliance with a federal detainer request. It would clarify the Dept. of Homeland Security’s (DHS) detainer authority, clearly establish the authority of states and localities to maintain custody in cases in which a detainer has been issued, and incentivize cooperation between law enforcement agencies and DHS through the reimbursement of certain detention, technology, and litigation-related costs. 

Specifically, this bill would: 

  • Give explicit authority to the arresting federal, state, tribal, or local law enforcement agency to maintain custody of an illegal immigrant for a period of no more than 48 hours to permit assumption of custody by the DHS upon the issuance of a detainer.
  • Allow the federal government to enter into agreements with the arresting law enforcement agency to indemnify those agencies against wrongful detention claims by third parties due to a detainer issued without reason to believe the individual is a removable unauthorized immigrant. This indemnification wouldn’t extend to claims relating to negligence or willful misconduct.
  • Make jurisdictions ineligible for reimbursement of detention costs if they are certified by the DHS Secretary as being incompliant with Immigration and Customs Enforcement (ICE) and make jurisdictions that comply with detainer requests eligible for reimbursement of detention costs for inmates held by ICE detainers.
  • Make jurisdictions that are deemed noncompliant by the DHS Secretary lower priority when being considered for funding from the Edward Byrne Memorial Justice Assistance Grant Program and when benefitting from the 1033 and 1122 programs.

Impact

Unauthorized immigrants detained by state and local law enforcement; state and local law enforcement; state and local law enforcement compliance with Immigration and Customs Enforcement (ICE) detainer requests; Dept. of Homeland Security (DHS); Immigration and Customs Enforcement (ICE); and state and local jurisdictions’ eligibility for funding from the Edward Byrne Memorial Justice Assistance Grant Program and 1033 and 1122 programs.

Cost of Senate Bill S. 2739

A CBO cost estimate is unavailable.

More Information

“I think most people realize the common sense of a policy that says if you have someone in jail who has committed a serious crime — not simply the crime of being illegally present, not simply having a removal order — but a serious crime, then please let us work with (Immigration and Customs Enforcement) so we can safely transfer them to an ICE facility and keep our community safer.”

Sen. Tillis argues that sanctuary city policies are “reckless,” and that they endanger states’ residents. He says that those subject to ICE detainer requests “are people who have removal orders issued against them. These are not people who are in jail for being illegally present. They’re in jail because they committed a crime after they violated our border laws.” He frames the issue with a rhetorical question

“Is it fair to hold an alleged murderer, heroin trafficker, someone who’s been accused of taking indecent liberties with a child for a 48 hour period whose illegally in the country and is a deportable illegal alien? Yeah, I think that’s fair.”

Original cosponsor Sen. Marsha Blackburn (R-TN) adds

“Sanctuary jurisdictions provide havens for illegal aliens and put the safety of our citizens at risk… We need to incentivize local law enforcement to work with – not against – our federal agencies to secure our border.”

House sponsor Rep. Dan Bishop (R-NC) says

“Releasing dangerous criminals does not build 'trust' with the immigrant community – it puts their lives in danger. While a few North Carolina sheriffs believe their actions to be compassionate, I doubt the victims of violent crime such as beatings, rape and murder feel the same way. This bill removes the fig leaf of legal excuses that rogue sheriffs have used to rationalize their brutal and inhumane policies and I am proud to work with my colleagues on this critical piece of legislation.”

The Mecklenburg County Sheriff’s Office, whose sheriff, Garry McFadden, hasn’t honored detainer requests, saying he needs federal agencies to obtain arrest warrants for him to keep people in custody, responded to this bill’s introduction in a press release

“Sheriff McFadden’s position on this issue is well documented and he remains steadfast in his policy not to honor immigration detainers. As it pertains to the proposed legislation; Sheriff McFadden has maintained that the Mecklenburg County Sheriff’s Office will always follow the law and unless the law changes, Sheriff McFadden will continue to exercise the constitutional authority of his elected Office and will not honor immigration detainers.”

Sheriff McFadden says that once a suspect meets bail, they’re free to leave, and that holding them in jail would be illegal, even with an ICE detainer in place. McFadden’s office has also accused lawmakers of “strong-arming” and “bullying” sheriffs on the issue of ICE detainers. In a statement over the summer, Sheriff McFadden’s office says that attempts to force sheriffs to comply with ICE detainers would “not only negatively impact public safety in Mecklenburg County… [but also] significantly erode the authority of all duly elected Sheriffs.”

Action NC opposes this bill. It argues that sheriffs should work to ensure communities’ safety, not work as immigration agents. Héctor Vaca, the organization’s Training/Organizing Director, says:

“What [this bill is] proposing is that our sheriff is to ignore the law. He is not a judge. The role of a sheriff is to enforce the law and to let people out when there time is up in jail. If the judge says he can go free, that’s the judges decision.”

This legislation has seven Republican Senate cosponsors. Its House companion, sponsored by Rep. Dan Bishop (R-NC), has three Republican cosponsors.


Of NoteAn Immigration and Customs Enforcement (ICE) detainer is a request for local law enforcement to hold individuals that they believe aren’t lawful citizens in jail or prison for up to 48 hours until ICE can take custody and begin deportation proceedings. Individuals targeted by detainer requests are typically otherwise eligible for release from jail or prison.

Detainer requests aren’t judicial orders signed by a court official or arrest warrants that require a finding of probable cause. Because they’re requests, local law enforcement can choose whether or not to enforce them. Recently, some states and localities have implemented sanctuary policies and refused to honor ICE detainer requests and chosen to only work with ICE as much as the law requires. 

According to Sen. Tillis’ office, much of this lack of cooperation has been fueled by federal court decisions questioning state and local law enforcement’s authority to maintain custody of an unauthorized immigrant who is the subject of an immigration detainer beyond the time they would otherwise have been released. In these rulings, appeals courts have ruled that detainers violate Fourth Amendment protections. Additionally, some state and local law enforcement agencies declining to cooperate with immigration detainers have cited fiscal concerns.  

According to WBTV, data shows that nearly 500 unauthorized immigrants were released from North Carolina jails despite ICE detainer requests. These individuals had charges that included sex offenses, kidnapping, arson, and homicide.


Media:

Summary by Lorelei Yang

(Photo Credit: usicegov via Flickr / Creative Commons)

AKA

Immigration Detainer Enforcement Act of 2019

Official Title

A bill to provide for the effective use of immigration detainers to enhance public safety.

bill Progress


  • Not enacted
    The President has not signed this bill
  • The house has not voted
  • The senate has not voted
      senate Committees
      Committee on the Judiciary
    IntroducedOctober 30th, 2019
    Some accomplishments of President Trump * More Americans are employed than ever recorded. * Unemployment claims hit 50 year low. * Median household income has hit highest level ever recorded. * African-American, Hispanic, and Asian unemployment at lowest rate ever recorded. * Almost 4 million Americans have been lifted off food stamps. * WIC Welfare Participation Hits 17-Year Low * Record number of regulations eliminated. * Obamacare individual mandate penalty repealed. * Signed Right-To-Try legislation. * Reformed Medicare to stop hospitals from overcharging low-income seniors for drugs. * Largest decline in drug prices in nearly 50 years. * Signed executive order protecting Medicare * Signed law to expand Childhood Cancer Research * Secured $6 billion in NEW funding to fight the opioid epidemic. * Signed VA Choice Act and VA Accountability Act, expanded VA telehealth services, walk-in-clinics, and same-day urgent primary and mental health care. * Signed bill to fund Autism CARES Act * Signed First Step Act criminal justice reform into law * Production of Hemp to become Legal in all 50 States with Farm Bill passage * Moved U.S. Embassy to Jerusalem. * America is now the worlds largest oil producer * We have begun BUILDING THE WALL. * Signed Bill Protecting Disability Payments for Veterans Who Declare Bankruptcy * Signed Law Punishing Chinese Officials Who Restrict Access to Tibet * Signed bill requiring Airports to provide spaces for Breastfeeding Moms * Signed law fighting sex-trafficking, arrests soar. * Signed law creating national historic park for Martin Luther King Jr. * Signed Historic USMCA trade agreement replacing NAFTA * Executive order to reduce operating costs of the Federal Government * Cut the White House budget - Saved taxpayers $22 million * Ben Carson Finds $500 Billion In Errors during Audit of Obama HUD * Black Business Ownership Under Trump JUMPS 400 PERCENT in ONE YEAR * Business Investments up 39 Percent Due to Tax Cuts * Utilities cutting rates, cite benefits of Trump tax reform * China opens rice market for US exports for first time ever * U.S. home sales hit 11-year high * Gas prices at a 12-year low * The United States has Liberated All ISIS-Controlled Territory * Signed order directing an increase in Cyber Security * US signed proclamation against Female Genital Mutilation and Cutting * Signed ‘Forever GI Bill,’ boosting aid to student vets
    Like (54)
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    Local and state police are not ICE. This is a clear overstepping of federal authority.
    Like (100)
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    ICE needs to go! They are committing human rights offenses.
    Like (64)
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    State and locality police are accountable to State and Locality regulations and direction by their Civil government. ICE has no legal standing to walk in and treat local and state police as an extension of their organization and tell them what they have to do, that they are obligated to let ICE officers override their direction. If ICE operated with the same legal standards regarding right to privacy, due cause, judicial orders to detain then possibly the locality and State police could be directed by their civil authority to selectively support ICE operations. Until ICE has the kind of civil oversight we expect our police to have (which it does not), there could be significant and consequential abuses of police authority by making police support ICE actions which currently are not held to the same legal standards. Until a significant civil oversight exists of ICE operations and ICE is held accountable for actions which are unlawful for State and Locality police- ICE must be kept completely separate. If an immigrant is lawfully charged with a crime, that is a police matter and should be referred to locality police for handling- not ICE, as they are not a police force.
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    It is the Law! If you don't like the Law, tell Congress.
    Like (34)
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    No! Law enforcement is not ICE, not an extension of ICE, and not in charge of detaining immigrants. Our immigrant population, legal & otherwise, are too scared to call the police for just this reason! As well, our police officers do not need another role to add to their long list of duties, especially one that puts them at odds with the community they are sworn to protect & serve.
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    Disband Trump's gestapo.
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    Since trump is breaking the asylum laws, kidnapping children from their parents to lock them in cages and trying to keep specifically people of color from immigrating here, I’d say states have a legal and moral responsibility NOT to comply the ICE.
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    If a citizen of the United States commits a crime in one state and flees to another, state and/or local authorities must detain the individual until the US Marshals (yes, Jackie, federal law enforcement) can extradite the individual back to the state of the offense... Absolutely, the same goes for criminal non-citizens; they must be detained until ICE arrives, to 'extradite' them back to wherever they came from... Criminal prosecution would be nice too, but that would just keep them in the US longer on tax payer dollars... Just put them on a bus back to Mexico. Preferential treatment for non-citizens needs to go, especially to those that commit horrendous crimes (sex offenses, murder, etc.) in addition to the crime of entering the US illegally... Make an example of these monsters!
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    should not be holding immigrants in JAIL — they are PEOPLE, they may not be us citizens, but they nonetheless deserve better conditions
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    No. No. NO. This smacks of Nazi rounding up of the Jews to be hauled to the Concentration camps in the countries they controlled. States should decide for themselves what kind of horribleness they are going to dispense. Yes. This is horrible. Many of thOse who TRUMP’S STORM TROOPERS ARE ROUNDING UP have been here for decades and have contributed to society & also paid taxes, etc OR SERVED IN OUR MILITARY AND THEN DEPORTED. What a way to treat our veterans. This whole thing is WRONG in so many ways.
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    It’s the law obey the law
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    Detainer requests aren’t judicial orders signed by a court official or arrest warrants that require a finding of probable cause. Holding people with no evidence or probable cause past the legal limit “just because” someone in ICE THINKS they MAY be undocumented is not only illegal and unconstitutional, but it’s also a smooth slide right into totalitarianism. We don’t want to walk the path of law enforcement being able to hold people “just because”.
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    This is giving ICE total control over states and cities judicial process. No this should not be passed. It will give ICE the right to detain people in jail for eons. ICE already is a military force that operates on its own. No do not let this pass
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    ICE has turned into Trump’s Gestapo and needs to be reined in.
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    Local police and law enforcement have a job to do. ICE can do their own work. ICE deports and they are ok with children living in cages. I do not support the existence of ICE any more that I support Stephen Miller and this president. We are a nation of many colors. We are a rich tapestry and we need to return to who we are as Americans.
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    Local authorities should be assisting ICE not resisting ICE. It should be common sense and courtesy to hold illegals until they can be picked up.
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    There should not be more than 1 legal system, this federal vs. State vs. Town BS is crappy make 1 ruling law that everyone must comply too
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    Yes. There should be one Rule of Law in the U.S. Immigration law is on the books, passed by a bi-partisan Congress. Enforce this law or none.
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    ICE are evil. They are the modern day SS. they shouldn’t exist. To the extent that they do, we should all be resisting them: even the average everyday pig.
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