Immigration Hold Requests to be denied by Washoe County Jail
In most jails, inmates are processed through a federal system designed to check their immigration status. Those inmates that are suspected of being in the country illegally are flagged and issued a "detainer," which holds them in custody until Immigration and Customs Enforcement (ICE) official agents arrive and can consider these inmates for deportation.
However, due to recent court rulings, these ICE detainers are just requests, not official mandates, creating liability issues for jails if they were to keep inmates incarcerated longer as desired by federal immigration officials.
“If ICE provides a warrant saying that they are arresting an individual and are taking them into their custody, we will hold that person on behalf of ICE,” Haley said. “However, we will not hold a person in our custody based solely on an ICE-issued detainer saying that they may have some interest in that person.”
Vaguely, if ICE issues a warrant for people accused of living in the country illegally, not just a request, individuals could still be held in the county jail without review by a judge in potential violation of a person's Fourth Amendment Rights. However, the jail can still hold on to people that have not gone through the judicial process for probable cause. Essentially, ICE could abuse this by requesting holds on people who do not meet the probable cause for official detainment.