ICE Lodges Detainer for Illegal Alien Who Killed Two Boys in DUI Crash in South Carolina
Key Takeaways
- DHS says ICE’s Enforcement and Removal Operations (ERO) lodged a detainer for a noncitizen arrested after a DUI crash that allegedly killed two boys in South Carolina.
- An ICE detainer is an administrative request to hold a person so federal agents can assume custody; it is not a judicial arrest warrant.
- The state criminal case and any subsequent immigration proceedings remain separate: criminal prosecution proceeds at the state level; ICE may seek removal in federal immigration court.
- For immigrants, a criminal arrest and a detainer can lead to detention and referral to removal proceedings, complicating any pending immigration relief.
What DHS reported
The Department of Homeland Security (DHS) said that U.S. Immigration and Customs Enforcement (ICE) — specifically its Enforcement and Removal Operations (ERO) branch — lodged a detainer for a noncitizen arrested in South Carolina after a DUI crash that allegedly killed two boys. DHS’s statement frames the action as part of its enforcement priorities targeting noncitizens who have been arrested for serious criminal conduct. It has been reported that local law enforcement made the initial arrest and is handling the criminal investigation and prosecution.
Legal context: what a detainer means
An ICE detainer (commonly issued on Form I-247) is an administrative request asking a local jail to notify ICE and, if permitted by local law, hold the person for up to a short period so ICE can take custody. It is not a judicial warrant or a conviction. Criminal charges and state court proceedings continue independently; if ICE assumes custody after local charges are resolved, the agency may initiate removal (deportation) proceedings in federal immigration court overseen by the Executive Office for Immigration Review (EOIR). Convictions on certain criminal offenses can increase deportability or affect eligibility for immigration relief.
Human impact and what this means for others
For families and communities the case is traumatic: victims’ families seek justice through the criminal system, while the detainer raises the prospect of federal immigration enforcement that can separate families. For immigrant communities, the practical effect is clear — anyone who is not lawfully present and becomes involved in serious criminal allegations may face detention and referral to removal proceedings, which can complicate efforts to obtain visas, lawful permanent residency, or other relief. Anyone concerned about their status after an arrest should consult an immigration attorney promptly; criminal defense and immigration consequences are often intertwined.
Source: Original Article