Immigration and Detainers
Outside law enforcement agencies may file a detainer with NCDAC to request custody of an individual. Detainers may affect one’s custody classification, work assignment, parole, and participation in other programs. Typically, detainers are filed when a person has pending charges filed by a county in North Carolina, another state, or the federal government. A detainer may be removed by resolving the pending charges/allegations. For further information about resolving pending charges, or other matters pertaining to domestic detainers, please consult the NCPLS detainer manual below. NCPLS attorneys do not represent people on pending charges and the detainer manual is the only information we provide on this issue.
Federal immigration officials may also file detainers with the DAC if an individual has pending immigration matters. Under state law, some individuals may request to be transferred to ICE custody prior to the completion of their active sentence, but certain criteria determine eligibility. While NCPLS is unable to provide advice regarding immigration matters, we advise speaking with an immigration attorney regarding your specific concerns and offer the below resources for reference.
