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Jul 31, 2013

Miami-Dade County attorney: Feds can’t require longer immigrant detentions

Category: Home Page
Posted by: elliemariza

Miami Herald


The Miami-Dade County attorney has ruled that a petition by federal immigration authorities to keep a foreign national in detention longer than local officials require is not an order, but merely a request.


“This detainer, or ‘hold request’ is no more than a request from the Department of Homeland Security that a detainee be held for up to 48 hours,” wrote County Attorney Robert A. Cuevas, Jr. in a July 15 memo to Miami-Dade Mayor Carlos Gimenez. “It is my conclusion that compliance with ICE detainer requests is voluntary and not mandated by federal law or regulations.”


It’s the first time since immigration “detainers” or holds became controversial in South Florida in 2010 that county authorities have issued specific guidelines to corrections officials about such requests.


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