The ACLU of Georgia has sent letters to Sheriffs across the state of Georgia about ICE detainers and the "show me your papers" provision of HB87 advising them about how local law enforcement detention practices may be violating individuals' constitutional rights.
The letter reminds Sheriffs that ICE detainers are mere requests. Constitutionally, local law enforcement offices are shielded and supported by the right to set protocol under the Tenth Amendment, which prohibits federal commandeering of state officers by the federal government.
It also reminds the Sheriffs that ICE detainers do not have the force of “arrest warrants” and are issued by ICE administratively, rather than typical arrest warrants which are issued by judicial approval.
The letter further reminds Sheriffs that ICE detainers cannot substitute probable cause for arrests without a warrant and that they expire after 48 hours.