Record Volume of ICE Detainers
ICE has issued a record number of immigration detainers (Form I-247A) to local law enforcement agencies in 2026, requesting that jails hold individuals for up to 48 additional hours beyond their scheduled release to allow ICE to take custody. Data from ICE Enforcement and Removal Operations shows detainer issuance has increased approximately 300% compared to 2024 levels, reflecting the administration's prioritization of interior enforcement through local law enforcement cooperation.
How Detainers Work
When a non-citizen is booked into a local jail, the jail's booking data is shared with ICE through the Secure Communities program and fingerprint databases. If ICE determines the individual is a priority for removal, it issues a detainer requesting the jail to hold the person for up to 48 hours after they would otherwise be released (on bail, after completing a sentence, or after charges are dropped). The detainer also requests notification before release so ICE can arrange a pickup.
Critically, detainers are requests, not court orders. Federal courts in multiple circuits have ruled that local jails are not legally required to comply with ICE detainers and that holding individuals beyond their release date without a judicial warrant may violate the Fourth Amendment. However, compliance varies dramatically by jurisdiction.
Sanctuary vs Cooperative Jurisdictions
Jurisdictions fall into three categories: full cooperation (honor all ICE detainers — most of Texas, Florida, Georgia, and many rural counties), limited cooperation (honor detainers only for individuals convicted of serious felonies — some mid-sized cities), and non-cooperation (do not honor ICE detainers without a judicial warrant — New York City, Los Angeles, Chicago, San Francisco, Philadelphia, and most of California, Illinois, and New Jersey). The landscape is shifting as the federal government threatens to withhold funding from non-cooperating jurisdictions.
What to Do If a Detainer Is Issued
If you or a family member has an ICE detainer, contact an immigration attorney immediately. Request a bond hearing if detained — see our immigration bond guide. Explore whether the jurisdiction honors detainers (if it does not, the jail should release you on schedule). Challenge the detainer if it was issued without probable cause. Prepare for removal proceedings and identify potential relief options (asylum, cancellation of removal, VAWA, etc.).