(A)  In General.  Once immigration authorities become aware of a suspected deportable noncitizen, they may file an immigration “hold” or “detainer” with the local law enforcement agencies that have custody of the person.  A detainer is a request that an agency, such as a juvenile detention facility, notify the DHS prior to release of a noncitizen so that immigration authorities can arrange to assume custody for the purpose of arresting and removing the person from the United States.[12]       

 

The current regulations on detention define a juvenile as a noncitizen under the age of 18 years.[2]  As with adults, juveniles serving time for unlawful activities, who have had an immigration hold placed upon them, can only be held for 48 hours past the scheduled release date awaiting transfer to immigration detention.[3]  See generally Chapter 6, supra.  There are reports, however, that juvenile detention facilities in some areas have improperly held children for days and weeks past the 48-hour period, based on an immigration detainer.  In adult cases, courts have issued writs of habeas corpus to compel agencies to release noncitizens wrongly held past the 48 hours.  See § 6.16, supra.  This could be done on behalf of juveniles as well.

 

The rules the DHS and other involved agencies must follow in detaining juvenile noncitizens are controlled by the Flores Settlement Agreement,[4] which was drafted following the United States Supreme Court’s decision in Reno v. Flores,[5] portions of the Homeland Security Act of 2002,[6] and implementing regulations.            

 

[13] 8 C.F.R. § 287.7.

[14] 8 C.F.R. § 236.3(a).

[15] 8 C.F.R. § 287.7(d).

[16] Available at: http://centerforhumanrights.org/children/Document.2004-06-18.8124043749/view?searchterm=flores%20settlement (last visited Apr. 17, 2007).

[17] Reno v. Flores, 507 U.S. 292 (1993) (upholding INS juvenile release and detention policies in place at the time as reasonable).

[12] Homeland Security Act of 2002, Pub. L. No. 107-296, 116 Stat. 2135 (enacted Nov. 25, 2002).

Other

DETENTION - JUVENILES
New ICE family residential detention standards, Jan. 11, 2008. http://www.ice.gov/pi/familyresidential/index.htm