The poster I responded to said, “The police have orders not to help ICE or hold criminal illegals,” and that’s not really accurate.
If the immigrant in question had been convicted of violent crimes they’d hold them, or if ICE had a judicial warrant, they’d hold them, or if the immigrant was in the terrorist screening database, they’d hold them.
A detainer is a voluntary request, and several judges have found them unconstitutional (and I would agree with that). Courts have ruled that states are not required hold people past their release date/time because of a detainer.
“Courts have held that an additional 48 hours of detention constitutes a new arrest. This new arrest is a “seizure” under the Fourth Amendment, and thus requires independent authority. The United States Supreme Court, in Horton v. California, has said that seizures “conducted outside the judicial process without prior approval by a judge or magistrate, are per se unreasonable…”
lawreview.law.miami.edu
So it’s the Constitution and the courts making it harder for ICE, not far left woke sanctuary city blah blah.