Detroit police notify ICE, most detainers go unenforced

By Elyse Apel
The Center Square

Questions over immigration enforcement in Detroit are resurfacing after city records showed federal officials issued 63 detainers for individuals arrested by local police, but fewer than half resulted in a federal pickup.

The issue has been further complicated by the recent unpaid, 30-day suspension of two Detroit police officers as punishment for contacting federal immigration authorities.

A memo released by the Detroit City Council in February reported that the Department of Homeland Security issued 63 detainers in 2025 tied to arrests made by Detroit officers. Of those, 28 individuals were eventually taken into federal custody.

According to the council memo, the 63 individuals with detainers faced a range of arrest charges:

• 19 with aggravated assault charges

• 19 with domestic assault charges

• Four with criminal sexual conduct charges

Other arrest charges included drug offenses, robbery, arson, and burglary. Of the 63, 29 were released to ICE, 21 were released, one was transferred to another agency, and 12 went to the Wayne County Jail.

The Center Square reached out to both the Detroit Police Department and DHS to determine why so few detainers were acted upon, but officials from both agencies declined to provide details beyond general statements.

A department spokesperson said federal agencies are notified ahead of an individual’s release.

“Agencies are notified that we are going to release the individual and it will take an amount of time to process them out for release,” the spokesperson said. “If they are there when the individual is released, they can take them into custody.”

The memo specifies that ICE agents must pick up the detainee “prior to the process for release being completed.” No timeline was given for how long release processing generally takes, though the memo notes it must begin “immediately” if the detainee will not face criminal charges.

An internal audit also found that no detainee in the Detroit Detention Center was held beyond the 48-hour policy limit.

The situation comes amid accusations that Detroit functions as a “sanctuary city.” According to the council memo, the city disputes that label.

“The City of Detroit has not declared itself a sanctuary city,” it stated. “However, the City has ordinance provisions that generally prohibit the City’s police officers and other employees from soliciting information from individuals pertaining to their immigration status.”

Detroit Police Chief James Bettison said in February that immigration enforcement falls outside the department’s authority.

“We do not enforce immigration laws,” Bettison said. “That’s against our policies, our rules, our procedures.”

This statement came after the department suspended two officers for independently contacting U.S. Customs and Border Patrol – a violation discovered through body camera footage, according to First Assistant Chief Charles Fitzgerald.

“We’re not in the immigration business at DPD, we never have and never will,” Fitzgerald said.

The Police Board of Commissioners decided in February not to terminate the officers, but they should be placed on an unpaid, 30-day suspension.

The back-and-forth on Detroit’s policies highlight the ongoing confusion over what constitutes a sanctuary city. While Detroit has not officially declared itself one, policies prevent officers from inquiring about immigration status. However, detainee biometric data is still shared with local, state, and federal agencies, allowing ICE to identify “removable aliens.”

Republican lawmakers in Michigan have criticized the department for its stance, characterizing Detroit as a “sanctuary city.”

“Sanctuary cities have no place in Michigan,” Senate Republican Leader Aric Nesbitt, R-Porter Township, previously told The Center Square. “If Detroit’s police chief isn’t interested in keeping his community safe, he should find a new job.”

On the federal side, ICE declined to explain why so few detainers were enforced, citing case-specific variations.

“Each immigration case is unique and without specific identifying information we are unable to elaborate on the circumstances of each case,” an ICE spokesperson told The Center Square. “ICE remains committed to working with law enforcement agencies in Detroit and across the state of Michigan in the interest of public safety and national security.”

Immigration enforcement and the relationship between localities and the federal government has drawn national attention, especially in the wake of Operation Metro Surge in Minnesota. White House border czar Tom Homan recently urged Congress to outlaw sanctuary jurisdictions.

“It shouldn’t be partisan that you arrest public safety threats in the safety and security of the jails. Releasing public safety threats back into the public is just stupid,” Homan said during a Feb. 12 press conference. “I hope Congress takes action on sanctuary cities and states.”

For now, Detroit officials say their role in immigration enforcement is limited to notification about detainee release, leaving federal authorities responsible for taking individuals into custody.