US Senators Dick Durbin of Illinois and Alex Padilla of California have introduced new legislation designed to limit warrantless or specious arrests by Immigration and Customs Enforcement (ICE). The proposed "Immigration Warrant Reform Act" also aims to restrict the agency's capacity to indefinitely detain immigrants who do not pose a danger to their communities.
The bill would require immigration officers to secure an administrative warrant from a supervisor, detailing probable cause for any detention. This warrant, along with notice of an immigration court appearance, would need to be presented to the detained individual. For any warrantless arrests, the legislation mandates a bond hearing within 24 hours.
Additionally, the proposed law would require an immigration judge or US district judge to conduct a custody review of every noncitizen in immigration detention every 60 days. Senators Durbin and Padilla stated their intention is to prevent unlawful arrests and detentions, citing reports of US citizens and immigrants with legal status being apprehended. They also hope the legislation will deter racial profiling and arbitrary detentions by clarifying ICE's arrest and detention protocols.
However, immigration advocates and attorneys have expressed concerns that the bill may still leave some immigrant groups vulnerable to arbitrary arrest and detention. They note that the proposed law allows for warrantless arrests when someone poses an "imminent danger to the community" but does not define this term. Faisal Al-Juburi, co-chief executive of Raíces, a humanitarian aid non-profit, questioned whether detention for civil violations like entering the US without authorization should occur at all.
Senator Durbin acknowledged the bill faces a challenging path to becoming law, given that Republicans hold a majority in both chambers of Congress.