DHS OIG Detainer Report Finds Del Rio Process Effective

DHS OIG Detainer Report: Overview

The DHS OIG detainer report was published by the U.S. Department of Homeland Security Office of Inspector General (DHS OIG) as report OIG-26-35 on September 25, 2026. It examines detainer practices at the border. It reviews how U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) issue and act on immigration detainers in Del Rio, Texas. This article calls that the Del Rio detainer process. DHS OIG reported that the process was effective for fiscal years 2021 through 2024 and made no recommendations. The findings matter to anyone who wants to understand federal custody transfers. They show how custody moves from criminal prosecution to immigration enforcement along the border.

Background on Immigration Detainers

An immigration detainer is a formal request to a law enforcement agency or correctional facility. It asks the agency to notify DHS before releasing a removable person. It also asks the agency to hold that person for up to 48 hours beyond the normal release time so DHS can take custody. In this review, the detainers involved people whom DHS referred for federal prosecution for improper entry or reentry after removal. DHS then transferred these people to U.S. Marshals Service (USMS) custody.

DHS OIG explained that CBP’s Border Patrol and Office of Field Operations (OFO) carry out immigration enforcement on the border. ICE Enforcement and Removal Operations (ERO) does so as well. The U.S. Department of Justice prosecutes the cases through the U.S. Attorney’s Office. USMS holds people during the criminal process. The review focused on the Del Rio Division of the Western District of Texas.

DHS OIG conducted the work from April 2024 through July 2025. It interviewed officials from Border Patrol, OFO, ICE ERO, and the DHS Office for Civil Rights and Civil Liberties. It also reviewed policies and correspondence, and analyzed a judgmental sample of records. The report notes that government shutdowns during fiscal year 2026 delayed publication.

How the Del Rio Detainer Process Works

DHS OIG concluded that CBP and ICE in Del Rio had effective processes for issuing and acting on these detainers. This covered fiscal years 2021 to 2024. The DHS OIG detainer report defined “effective” as established procedures with defined responsibilities that staff properly carried out. According to the report, the offices followed the enforcement priorities then in effect. They issued detainers on all individuals referred for federal prosecution for improper entry and reentry.

The report describes the sequence. After apprehension, agents process the person and run background checks. They then refer the case to an Assistant U.S. Attorney, who can accept, defer, or decline it. If DHS accepts the case, DHS issues a detainer and transfers custody to USMS. If DHS declines it, DHS keeps custody and pursues other enforcement, such as expedited removal.

When USMS prepared to release someone, it emailed group addresses at CBP and ICE. The components then decided who would act on the detainer, using tracking sheets and boards. Border Patrol and OFO took custody of Mexican nationals who did not claim asylum and repatriated them. ICE ERO took custody of its own referrals, people who claimed asylum, and people who were not Mexican nationals. It transferred them to a detention facility. DHS OIG noted that ICE had no dedicated bed space in the Del Rio area at the time. So DHS could pay USMS to house people, or rely on Border Patrol stations, pending transfer.

DHS OIG Detainer Report Findings by the Numbers

DHS OIG reported that agencies apprehended 214,729 people in Del Rio over the four years. Agencies charged 3,701 of them with improper entry or reentry. Border Patrol issued 974 detainers, OFO 577, and ERO 12, for 1,563 in total. The report notes that detainer and charge counts did not always match, and that OFO’s count may include other violations. DHS OIG sampled 109 records from fiscal years 2023 and 2024. It found no instance where DHS failed to take custody of someone who completed a sentence. It identified no detainers lifted, so it could not judge the process for lifting them.

DHS OIG made no recommendations. CBP and ICE declined to submit management comments, though they provided technical comments that OIG incorporated as appropriate. The agencies also gave timely access to information.

Who Has a Stake in These Findings

The practices described most directly affect those charged with improper entry or reentry in the Del Rio area. Those practices govern their transfer from criminal custody to DHS custody. Their families and criminal defense and immigration attorneys also have a direct interest in how these handoffs work.

Federal prosecutors, USMS, and local jails and facilities that hold people with detainers participate as partners in the process. Policymakers and researchers who follow border enforcement may find the report useful for understanding its operational detail.

The practices affect others only indirectly. Employers, family-based petitioners, and applicants in USCIS processes have no connection to this process. The report does not change anything for them.

Practical Implications of the DHS OIG Detainer Report

The report describes how a criminal case and an immigration case can run side by side. A federal sentence does not end a person’s contact with DHS. A detainer signals that DHS intends to resume custody afterward. The report also shows that a declined prosecution does not end DHS’s options. The agency can continue with other enforcement actions.

Attorneys and families dealing with related matters may want to understand which component is likely to take custody. They may also want to know where officials may hold the person. They may also ask how the detainer relates to the criminal case. The detainer form itself says it arises from DHS authorities. It states that it should not affect decisions about bail, release, or custody classification in the criminal case.

The report leaves several questions open. It covers only one division and ends with conduct before January 2025. DHS OIG said it did not assess the effect of later policy changes. It did not evaluate detainer lifting, and it says nothing about individual outcomes. DHS OIG made findings about agency processes. It did not create rights or grounds to challenge any decision in a particular case.

What to Watch For After the DHS OIG Detainer Report

DHS OIG made no recommendations, so there are no corrective action plans to track. CBP and ICE did not submit formal comments. Stakeholders should monitor whether DHS OIG or other oversight bodies examine Del Rio’s detainer handling. This includes how it operates under the policies in place since January 2025. Oversight bodies will likely provide further updates only if they take up the subject again.

How Immigration Professional Association Can Help

Detainers sit where criminal proceedings meet immigration enforcement, and that crossover is a familiar part of our practice. Immigration Professional Association is a California immigration law firm. It assists clients with matters involving CBP and ICE, including questions about removal proceedings, custody, and coordinating immigration strategy with the criminal process. Our attorneys can explain how these agencies operate and how an enforcement action may affect a person’s immigration options.

Are you an attorney, employer, or family member who wants to understand how detainers and federal custody transfers could bear on an immigration matter? We welcome the conversation. Contact Immigration Professional Association to discuss your situation with a member of our team. Every case is different, and this article is not legal advice or a prediction of any outcome.