The law
The rules and cases that govern a detainer hold, a transfer, and a bond hearing. Read the sources; summaries are not the law.
| Authority | What it says | Source |
|---|---|---|
| 8 C.F.R. § 287.7 | A detainer is a request; a jail may hold up to 48 hours (excluding weekends and holidays) after release; DHS owes nothing until it takes custody | read |
| Utah Code § 17-72-505 | Sheriff must try to verify citizenship of people charged with felonies and DUI, notify DHS when it cannot, and notify and coordinate before releasing unlawfully present people finishing felony and qualifying class A sentences. No requirement to hold past release. | read |
| Santillan Quiroz v. Mullin, 180 F.4th 1226 (10th Cir. June 30, 2026) | People arrested inside the country are usually subject to 8 U.S.C. 1226(a) and eligible for bond | read |
| Rumsfeld v. Padilla, 542 U.S. 426 (2004) | Habeas is filed in the district of confinement, against the immediate custodian | read |
| Chiriboga v. Mullin, No. 2:26-cv-00760 (D. Utah Sept. 3, 2026) | Detainer that kept a woman in the Utah County jail after $500 bail 'lacked any statutory basis'; habeas granted | read |
| Supreme Court grant, Oct. 1, 2026 | Whether interior arrestees are entitled to bond hearings; the 5th and 8th Circuits say no | read |
| Ex parte Endo, 323 U.S. 283 (1944) | The government's move of a petitioner to Topaz after filing did not defeat the court's jurisdiction | read |
| Korematsu v. United States, 323 U.S. 214 (1944); 584 F. Supp. 1406 (N.D. Cal. 1984); Trump v. Hawaii, 585 U.S. 667 (2018) | Conviction upheld; set aside 40 years later; 'gravely wrong the day it was decided' | read |
| Civil Liberties Act of 1988, 50 U.S.C. §§ 4202, 4215 | Apology and $20,000 to each surviving person removed or confined | read |
| Utah Code § 64-13e-103.2 | State daily incarceration rate $85.27 for probation and parole inmates (2023) | read |
How the pieces fit
- A person is booked into a Utah jail on a state charge. The jail records citizenship and country of origin; ICE can see it.
- ICE lodges a detainer (Form I-247A, with an administrative warrant). Under 8 C.F.R. 287.7 it is a request. It takes effect when the criminal case is resolved, by sentence, bail, or dismissal.
- The jail may hold the person up to 48 hours after they would otherwise be released. ICE owes the jail nothing for that time.
- ICE takes custody. In the 10th Circuit, Santillan Quiroz says most interior arrestees are entitled to a bond hearing. A habeas petition asking for one must be filed where the person is held (Padilla).
- ICE moves the person. Almost 95 percent of Utah arrestees go out of state. In the 5th and 8th Circuits the appeals courts hold that such people get no bond hearing. The Supreme Court granted review on Oct. 1, 2026.
- Practice point for lawyers: file while the person is still in the county jail on the detainer. In Chiriboga and in Chavez Rascon v. Noem (D. Utah Mar. 23, 2026) the court kept jurisdiction after ICE took custody.