According to Immigration and Customs Enforcement, the new detainer will allow the agency to implement their prosecutorial discretion guidelines by identifying who has been convicted and is removable and who simply has a pending charge and is not removable for any other criminal or immigration violations. ICE may choose not to exercise enforcement action against someone who has only a pending charge. The detainer also contains a phone number and contact information so that detained persons and/or their attorneys can discuss the detainer and advocate that it be lifted. Most importantly, the detainer notes in bold that it is in effect for 48 business hours only, at which point the individual should be released by the custodian.
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