Multiple U.S. senators introduced legislation aimed at cutting down warrantless arrests by Immigration and Customs Enforcement (ICE). The proposed bill also limits the agency’s ability to detain individuals indefinitely. If passed, it will limit the agency’s power in carrying out immigration enforcement operations.
What the Bill Would Do
Civil immigration arrests typically require an administrative warrant for officers. To get one, an officer would have to show probable cause that the person is inadmissible or removable. It would then have to be approved by the immigration officer in charge.
It would still allow warrantless arrests in a limited set of circumstances. The person would have to be a clear danger to the community and likely to escape before a warrant could be obtained. Those arrested without a warrant would be entitled to a bond hearing within twenty-four hours. If the arrest didn’t meet those conditions, and the person wasn’t a threat to the community, they’d be released.
People in immigration detention would also get periodic custody hearings before an immigration judge or a federal judge. The bill is reported to require the reviews to take place every 60 days. Finally, the bill would make it clear that the mandatory detention rules written for the border don’t apply to people living in the interior of the country.
Potential Effect
The most visible change for people in ICE custody would be the timelines. A warrantless arrest would be reviewed by a judge within a day. Beyond that, the government would have to justify continued detention at periodic intervals, so detention couldn’t drag on without check. ICE could still detain people, and sponsors say anyone who is a threat to public safety would stay in custody. Most of the change is procedural, with additional documentation upfront, and additional judicial oversight afterward.
But keep your expectations realistic. The bill is only being introduced. Any of these protections would need to be approved by both houses of Congress and signed by the President before they could be implemented, and the status quo remains until then.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.