Court Finds Immigration Detainers are Voluntary Requests

A United States Court of Appeals for the Third Circuit has recently found that immigration detainers issued by Immigration and Customs Enforcement (ICE) are voluntary requests and do not require a State or local police department’s cooperation and thus are deemed as voluntary measures.

JCS Immigration and Visa, located in Los Angeles have found that decision comes from Ernesto Galarza v. Lehigh County, in which the appellant, a U.S. citizen who was wrongfully detained by the county after an ICE detainer request. The final decision states that a request to hold a suspected alien is a voluntary request by ICE and whether the police department or jail decides to act on that request is the decision of the agency and not a mandatory order from ICE.

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