Rep. Andy Biggs and Kristi Noem discussed the role of ICE detainers during a congressional exchange focused on immigration enforcement and public safety, outlining how the process works and why federal officials view it as a critical tool for removing individuals from the United States who are in custody and subject to deportation.
The discussion centered on how detainers are used by federal immigration authorities and how cooperation between federal agencies and local law enforcement can affect enforcement outcomes.
Biggs began the exchange by asking Noem to explain the purpose and value of ICE detainers within the broader immigration enforcement framework.
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“So, Madam Secretary, what is the value of an ICE detainer, and why is it such an important public safety tool?” Biggs asked.
Noem responded by describing the detainer process and how it allows federal immigration officials to take custody of individuals already held by local authorities.
“Well, a detainer that we would lodge with a local law enforcement jurisdiction lets them know that when they are going to release that individual out to the public that we would like to take custody of that when we have detainers that are honored, we can go into a courthouse, we can go into a jail or a prison and in a safe environment, take custody of that individual, take them to a detention center and remove them to their home country,” Noem said.
She explained that the ability to transfer individuals directly from local custody into federal custody creates a controlled environment for the process.
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“When they don’t honor our detainers that individuals released out into the streets, and what we know for a fact is hundreds and hundreds of times, 1000s of times, across the country, those individuals re offend, and what they’re doing by not honoring detainers is creating more victims,” Noem added.
The conversation then shifted to clarifying how detainers function in practice and what they require from local law enforcement agencies.
Biggs noted that detainers are often misunderstood and emphasized that the requests are limited in scope.
“When ICE issues a detainer, you’re not asking local officers to conduct immigration sweeps in neighborhoods. You’re requesting simply notice before release or brief lawful holds so you can assume custody, right?” Biggs said.
He continued by explaining that detainers involve individuals already in custody.
“If ICE is requesting a short hold, that means that the individual is already in state or local custody, correct, and individuals in jail are there because there was probable cause for arrest, and in many cases, because they’ve been convicted of crimes,” Biggs added.
Noem confirmed the description of how the process works.
“Right, correct,” she said.
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The exchange focused on how coordination between federal immigration officials and local jurisdictions can affect enforcement outcomes, particularly in cases where individuals already in custody may be transferred to federal authorities for removal proceedings.
ICE detainers are formal requests issued by federal immigration authorities asking local or state law enforcement agencies to notify ICE before releasing an individual from custody. In some cases, they also request that the person be held for a short period so federal officers can take custody.
Supporters of detainers argue that they allow federal officials to remove individuals from the country through controlled transfers from jails or prisons rather than attempting to locate them after they are released.
The discussion between Biggs and Noem highlighted how federal immigration authorities rely on that coordination to take custody of individuals already being held by local agencies.
During the exchange, both officials emphasized that the detainer process applies to individuals already in custody due to arrests or convictions and that the requests are designed to allow federal authorities to assume custody before the individuals are released back into the public.
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