An ICE arrest detainer (Form I‑247/I‑247A) is a written request from DHS/ICE asking a state or local jail to: (1) notify ICE before a person’s release and (2) hold the person up to 48 additional hours so ICE can assume custody. The detainer itself is a request—not a federal arrest warrant—and does not by itself create new legal authority for local officers to arrest or extend custody beyond what state law allows; compliance depends on local policy and law.
No. A detainer is not a deportation order and does not automatically cause removal or immediate transfer. It only asks the jail to hold a person for up to 48 hours so ICE can take custody; ICE must then complete its own immigration processes and only transfers occur if ICE picks the person up and has legal grounds to do so. Some jurisdictions refuse or limit compliance with detainers, so transfer is not guaranteed.
The VOICE (Victims Of Immigration Crime Engagement) office provides victim‑notification and assistance services to U.S. victims of crimes involving noncitizens, including information about the offender’s immigration custody status, assistance with applying for immigration‑related victim protections (e.g., U visa, T visa), and referral to local victim‑services resources. Eligibility is limited to victims (or certain family members) of crimes with an immigration nexus; VOICE does not prosecute criminal or immigration cases.
“Sanctuary state” practices vary, but in New Jersey context it generally means state/local policies that limit voluntary cooperation with federal immigration enforcement (for example, declining to honor ICE detainers without a warrant or judicial order). Those policies affect whether local jails hold people for ICE beyond release and whether local police share immigration status with ICE.
Criminal charges (aggravated assault, resisting arrest, possession of a weapon, etc.) will be prosecuted by the state/local prosecutors (e.g., Bergen County or municipal prosecutors; local police and state police handle arrest/reporting). Immigration enforcement (custody, removal proceedings, detainer requests) is handled by federal agencies—ICE’s Enforcement and Removal Operations and DHS/USCIS for immigration adjudications.
Typical next steps: (a) Criminal track—defendant appears in local criminal court, may be arraigned, held or released on bail, face pretrial proceedings and potential trial/sentencing under state law. (b) Immigration track—if ICE assumes custody, the person may be detained by ICE and served with notices to appear (NTA) initiating removal proceedings before an immigration judge; alternatively ICE may issue charging documents or pursue administrative removal if eligible. The two processes are separate and can run in parallel or sequentially.