Last updated on May 14th, 2019
U.S. Immigration and Customs Enforcement (ICE) issues Form I-247, Immigration Detainer Request, to local law enforcement agencies (LEA) in order to detain immigrants.
These detainer requests specifically relate to the detention of inmates currently held by the LEA, which the Department of Homeland Security (DHS) has determined may be subject to removal from the United States.
Form I-247 identifies why the detainee may be subject to deportation and instructs the local agency to take the following steps:
- Maintain custody of the detainee for no more than 48 hours beyond the time he or she would otherwise be released from local custody
- Notify DHS as early as possible prior to the time of the detainee’s release
- Provide a copy of the form for the detainee to read
The form includes a notice to the detainee describing the ICE detainer placed on him or her. This notice is printed in English, Spanish, French, Portuguese, Vietnamese, and Chinese.
Changes to the Form
In November of 2014, DHS Secretary Jeh Johnson issued a memorandum reflecting new policies for detainers placed on immigrants.
These policies included placing justifications for removal in order of priority ranging from threats to national security to convictions for certain misdemeanors.
Consequently, ICE altered Form I-247 in accordance with the Secretary’s memo under the Priority Enforcement Program (PEP).
PEP included separating Form I-247 into two different forms:
- Form I-247N, Request for Voluntary Notification of release of Suspected Priority Alien, which only directs a local agency to notify ICE of pending release of a detainee and does not authorize the agency to hold him or her in custody for any longer
- Form I-247D, Immigration Detainer – Request for Voluntary Action, which more closely resembles the original Immigration Detainer form directing the local agency to maintain custody of the detainee for up to 48 hours beyond the time which he or she would have otherwise been released
Unlike the previous single form, the new Immigration Detainer form, does not include the blank space for “other” reasons the individual may be detained.
The notice on the new form also includes notification that the detainer has been placed on him or her due to probable cause that he or she is subject to removal from the United States.