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Index/Topics/ICE Detainers and Expedited Removal since 2009

ICE Detainers and Expedited Removal since 2009

The use of detainers by ICE and the process of expedited removal have been constrained by federal courts since 2009, with requirements for probable cause and notice, while higher-court rulings have preserved broad detention authority in some contexts.

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Jan 14, 2026
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How have federal courts ruled on the constitutionality of ICE detainers and expedited removal procedures since 2009?

Federal courts since 2009 have repeatedly constrained ICE’s use of detainers, treating most detainers as non‑mandatory requests and requiring Fourth Amendment safeguards such as probable cause and not...