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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]They'll be deported after serving their sentences.  [/quote]

This is correct.  I’m a prosecutor and this issue comes up frequently.

They’ll serve their sentence in whatever prison facility they get sent to.  Either before or during that time, ICE will get a detainer, which is a legal request to the prison to keep the person in custody for a finite period of time after completion of the sentence to allow ICE to take custody of them.  Once the sentence is over, if everything works correctly, ICE will take custody of the person and handle the removal process.[/quote]

Wait - so they are not deported for many years? Whom are they deporting right now, then?[/quote]

Correct.  Those being deported now fall into a few categories: people convicted of a serious crime in their home country, defendants awaiting trial for a serious offense who are on release pending trial, and people who were convicted of a serious crime and served their sentence and released, but for whatever reason were not identified by ICE and deported while still in custody.

That last category is larger than you'd think.  Sometimes it is an administrative error; that is, ICE doesn't get the detainer or there's some failure communicating the existence of the detainer to the prison facility.  Sometimes ICE fails to pick the person up within the time allowed due to insufficient staffing.  And sometimes sanctuary jurisdictions take steps to thwart operation of the detainer.  I'm aware of at lease one instance in the last year where a DC Superior Court judge ordered a prisoner who was nearing the end of his sentence in a homicide case to be released directly from the courthouse, rather than the jail (which is standard), so that ICE would be miles away when he was released.  [/quote]

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