Immigration and Customs Enforcement (ICE) plays a central role in U.S. immigration policy. Its agents are authorized to issue detainers in specific circumstances, and enforcement has intensified since the start of President Donald Trump’s second term in January 2025.
Detention orders are used to temporarily hold undocumented migrants deemed deportable, especially if they pose a risk to public or national security. However, their application has generated widespread debate in Latino communities and among human rights advocates, who warn of abuses and arbitrary detentions.
When can ICE detain a migrant in the United States?
According to the agency itself, ICE may issue a detainer when its agents establish “probable cause” that an alien is deportable.
This criterion is usually met after a court has convicted the migrant of one or more serious crimes.
In such cases, ICE maintains that action is necessary to protect the safety of the public.
Some of the most common offenses that warrant these orders include:
Homicide
Abduction
Sexual Assault
Weapons-related offenses Buzzy
Drug trafficking
Trafficking in persons
Robberies and thefts
When a migrant is in the custody of another law enforcement agency – such as a state jail or local prison – ICE may request that he or she be held for up to an additional 48 hours.
This deadline allows the Department of Homeland Security (DHS) time to take custody of the individual and proceed with the corresponding immigration process.
What ICE uses immigration detainers for
Arrest warrants in the United States serve several purposes.
On the one hand, they allow federal agents to take migrants into custody in a controlled environment, which reduces security risks for the public, the aliens themselves and the officers.
On the other hand, these orders represent a legal mechanism for the immigration system to coordinate with local authorities.
Without them, ICE would have to search for and arrest migrants directly in the community, which is often more risky and generates greater social tension.
However, the practice has been questioned because on multiple occasions arrest warrants have been issued for individuals who do not have serious criminal convictions, but only minor infractions or administrative records linked solely to their immigration status.
In some cases, federal judges have held that these withholdings violate constitutional rights.
The impact of Trump’s immigration policy
Since returning to the White House, President Donald Trump has pushed ICE and DHS to increase migrant detentions.
His administration seeks to fulfill its promise of mass deportations, and to this end has strengthened collaboration with local and state police.
This has led to an increase in the number of immigration detainers issued by ICE in cities with high Latino populations.
Communities such as Los Angeles, Houston and Chicago have reported a climate of fear, as many migrants – even those with no criminal history – fear that any interaction with law enforcement could result in an ICE arrest.
Civil rights organizations have filed lawsuits in several states, arguing that these detention orders are used indiscriminately and have a criminalizing effect on the migrant population.
Despite criticism, the Trump administration insists that this tool is essential to ensure national security.
What should migrants know?
Immigration experts recommend that migrants be informed about their rights vis-à-vis ICE.
An arrest warrant is not equivalent to a court order; it is an administrative document issued by the agency itself.
For this reason, defense attorneys argue that local jails are not always required to comply, especially in states and cities considered “sanctuaries”.
In addition, individuals have the right not to sign documents without legal counsel and to request representation by an attorney during the immigration process.
There are community organizations that offer free or low-cost assistance to guide migrants in these cases.
For Latinos in the United States, understanding how ICE detainers work is essential to protect themselves and act with knowledge in the face of a risky situation.
The debate over these practices will continue as the Trump administration moves forward with its plan to tighten immigration controls.
This article was originally published in Nueva News.
