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Index/Topics/ICE Detainers and Fourth Amendment

ICE Detainers and Fourth Amendment

The topic revolves around the constraints on ICE detainers by federal courts since 2010, requiring probable cause and neutral review, and holding local agencies liable for unlawful detention.

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3 results
Jan 26, 2026
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How do ICE detainers and judicial warrants differ, and when will local agencies comply?

“detainers” are administrative requests from a federal immigration agency asking a jail to hold someone for transfer to ICE; they are not judicial warrants and carry no standalone legal authority to a...

Jan 22, 2026

How do courts handle cases where U.S. citizens were detained by ICE for lack of documentation?

When U.S. citizens are picked up by because agents doubt their documentation, they and their lawyers often bring immediate federal challenges — most commonly — and federal judges have frequently order...

Jan 16, 2026

How have federal courts ruled on ICE detainers and Fourth Amendment unlawful-detention claims since 2010?

Since 2010 federal courts have steadily constrained ICE detainers by treating detainer-based holds as seizures implicating the Fourth Amendment, requiring probable cause and neutral review, and holdin...

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