CA Attorney General Says ICE Holds Are Not Mandatory

On December 4, 2012, California Attorney General Kamala Harris issued guidance regarding the Secure Communities program to state and local law enforcement agencies. The guidance makes clear that state and local law enforcement are NOT required to fulfill individual ICE detainers or “ICE holds”.  The guidance also states that ICE holds are NOT mandatory.  Local law enforcement agencies in California have the discretion whether or not to enforce any individual immigration detainer. 

The guidance explains the Secure Communities program, including that Secure Communities does NOT require state and local law enforcement to determine an individual’s immigration status or to enforce federal immigration laws.  The guidance, entitled Responsibilities of Local Law Enforcement Agencies Under Secure Communities can be found here.

By Monica Guizar

Legal Developments