Lawyers in both districts should be aware of a change in ICE detainer policy. The old so-called “detainer” form (1-247) is being retired and replaced with three different forms. The change in policy is summarized here on the ICE website.
One of the new forms, the I-247N, is a request for voluntary notification of the impending release of a “suspected priority alien”, but it does not request or authorize the continued detention of individuals beyond the point they otherwise would be released. The form says on its face that it does not request or authorize detention. It also says on its face that it should not impact decisions about bail, release, or other matters. Despite these changes, prosecutors and agents may refer to the I-247N as a “detainer” and may argue at a bail hearing that it authorizes your client’s detention.
In light of the change in ICE policy and the use of the I-247N, lawyers should request a copy of the form used and, if it is an I-247N, should demand their client’s immediate release. The client should be released immediately, not returned to Marshal custody to be held for ICE pickup. Continued detention on the basis of the I-247N is unlawful.
Other detainer forms (the old I-247, the new I-247D, and the new I-247X) may request continued custody, so what to do in cases involving these forms will depend on the facts of the case.
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