Florida Gov. Ron DeSantis asked the Biden administration to ensure that incarcerated aliens who are subject to deportation charges or deportation orders are transferred to ICE’s custody when they finish their sentences.

That process is accomplished by sending immigration detainers (Form I-247) to the prison or jail that is incarcerating the alien. Detainers —
  1. Notify the prison or jail that incarcerated aliens are subject to deportation charges or a deportation order and that ICE intends to put them in removal proceedings or execute their deportation orders when they finish their sentences;
  2. Ask the prison or jail to notify ICE when such aliens are about to be released; and
  3. Ask them to retain custody for up to 48 hours beyond the time when they otherwise would be released to provide ICE with time to pick them up.
When Trump was the president, the problem was that jails and prisons in “sanctuary cities” refused to comply with detainers. The problem now is that Biden has restricted the issuance of detainers only to incarcerated aliens he thinks should be deported — without regard to the removal grounds listed in the law.

In a memorandum dated Jan. 20, 2021, Biden’s acting DHS Secretary David Pekoske ordered a Department-wide review of immigration enforcement policies and practices. He also ordered Acting ICE Director Tae D. Johnson to issue interim operational guidance that would limit enforcement actions to deportable aliens who pose a threat to national security, border security, or public safety.

Johnson in turn issued an interim guidance memorandum on Feb. 18, 2021, in which he restricted the use of detainers and other discretionary enforcement measures to aliens in one of the following priority categories:

National Security: An alien is presumed to be a threat to national security if he —

Read more at https://thehill.com/opinion/immigrat...to-be-deported

Published originally on The Hill.

Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years. He subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years. Follow his blog at https://nolanrappaport.blogspot.com.