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Nearly seven months ago, the U.S. Department of Justice implemented a small procedural shift in the way it releases federal inmates who are tagged for deportation. Now, when those inmates have warrants out in any state or locality, federal immigration authorities have the first right to detain them and immediately begin deportation proceedings, even before the state or local matter is adjudicated.
It’s a very specific, very technical shift, but it does result in some material changes to the relationship between federal authorities and local ones. Previously, state and local authorities were always first in line—any warrant they issued trumped any immigration detainer, and they could always claim custody of an inmate being released from federal prison to adjudicate their local case. Then, at the end of that adjudication, local authorities could decide whether or not to detain that person for U.S. Immigration and Customs Enforcement.
Cities that have policies limiting cooperation or communication with ICE—often called sanctuary cities—may choose never to detain an inmate for deportation, potentially resulting in that inmate’s release. But now, because of the procedure change, the Federal Bureau of Prisons will directly transfer these inmates to ICE unless the city in question promises to hand them over later.
The change, which was implemented in July 2015, flew largely under the radar until late last week, when Attorney General Loretta Lynch testified about the policy before a House Appropriations subcommittee. It was immediately hailed as a victory by congressional Republicans, particularly SubcommitteeChairman John Culberson of Texas, who thanked her for her cooperation profusely throughout the meeting, and later claimed that he forced DOJ to “take action on sanctuary cities.”
