Last updated on: 1/30/2017 | Author:

July 24, 2017 – Massachusetts Court Rules Law Enforcement Officials Cannot Comply with ICE Detainers

“The Massachusetts Supreme Court ruled Monday that local and state law enforcement officers do not have the authority to arrest and hold a person solely on the basis of an Immigration and Customs Enforcement detainer…

While many states and municipalities issue guidance to local law enforcement authorities, the Massachusetts ruling goes one step further. In essence, it means that officers do not have the authority under state law to administer ICE detainers.

An ICE detainer is issued on an undocumented person who has been arrested on local criminal charges when ICE believes there is probable cause to remove the person from the United States, according to the ICE website. If a local law enforcement agency complies with the request, when the person is released from local custody, ICE immediately takes the person into custody.”