It is extremely difficult for a noncitizen placed in criminal custody to avoid contact with the immigration authorities.  Upon the request of the governor or chief executive officer of any state, the DHS must assist “state courts” in “the identification of aliens unlawfully present in the United States pending criminal prosecution.”[191]  The DHS is also required to have a system in operation to assist federal, state and local law enforcement officials in determining whether criminal defendants arrested for potential aggravated felony offenses are noncitizens.[192]  See § § 6.11-6.12, supra.

 

                A noncitizen’s immigration status and having a hold placed upon them can have adverse consequences to a person while in criminal custody as well.  See § § 6.19, 10.27, supra. 

[191] INA § 236(d)(3), 8 U.S.C. § 1226(d)(3).

[192] INA § 236(d)(1)(A), 8 U.S.C. § 236(d)(1)(A).

Fourth Circuit

OVERVIEW " CONTACT WITH ICE " TRAFFIC STOP
United States v. Guijon-Ortiz, 660 F.3d 757 (4th Cir. Nov. 10, 2011) (no unconstitutional seizure occurred where a local police officer took time to call ICE to verify the authenticity of a permanent residence card during an otherwise routine traffic stop).

Other

OVERVIEW " CONTACT WITH ICE " SECURE COMMUNITIES MANDATORY MEMO
An October 2010 ICE memo from ICE Deputy Legal Advisor Riah Ramlogan to ICE Assistant Deputy Director Beth Gibson presenting ICE's legal arguments for making Secure Communities mandatory. http://www.aila.org/content/default.aspx?docid=38217