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Oregon lawsuit challenges state, local participation in immigration enforcement

By Christopher N. Lasch and Mark Fleming  On Thursday, a state trial court judge in Wasco County, Oregon (of Wild, Wild Country renown) will hear summary judgment arguments in Stovall, et. al. v. Northern Oregon Corrections dba NORCOR, No. 17-CV-31082 (Or. Cir. Ct.). At the heart of the lawsuit is a contract known as an “Intergovernmental Services Agreement” (IGSA) between NORCOR, a four-county public prison system, and the Immigration and Customs Enforcement (ICE) agency. Under the IGSA, NORCOR jails people for ICE who are in civil immigration proceedings. The question for the trial court [...]

Posted by César on January 9, 2019 on 11:49 am Leave a Comment
Filed Under: detainer, guest blogger, imprisonment, local immigration policing, Oregon state court, sanctuary, state court

Judges can’t deny bail because ICE threatens removal

Focusing its sights squarely on criminal law’s intersection with immigration law, a federal appellate court concluded that judges can’t deny bail to migrant defendants simply because ICE threatens to deport them. The court’s opinion, in a case involving an illegal reentry prosecution, is an important reminder of the presumption of liberty in United States criminal law—and an equally stark example of ICE’s persistent efforts to pierce holes in that presumption. Mario Ailon-Ailon, a resident of Dodge City, Kansas for seven years, was arrested by ICE and handed over to the U.S. Marshals [...]

Posted by César on December 7, 2017 on 4:00 am Leave a Comment
Filed Under: 10th Circuit Court of Appeals, bond, detainer, illegal reentry, imprisonment

Florida steps into anti-migrant fray

A bill making its way through the Florida legislature would push the state to the front of the anti-migrant pack if enacted. House Bill 9, titled the Rule of Law Adherence Act, bears the hallmarks of past attempts by other states to make life more difficult for migrants. If approved by the state’s Republican dominated legislature, Florida would rip the anti-migrant spotlight from Texas where its Senate Bill 4 is currently mired in litigation before the U.S. Court of Appeals for the Fifth Circuit. Introduced by Republican Larry Metz, Florida’s bill targets so-called sanctuary cities through [...]

Posted by César on November 10, 2017 on 4:00 am Leave a Comment
Filed Under: 4th Amendment, detainer, Florida state court, imprisonment, local immigration policing, proposed legislation, sanctuary

Texas anti-migrant law largely halted or curtailed

As attention remains focused on Hurricane Harvey’s devastating impact on the Texas Gulf Coast, the state’s controversial immigration law was to go into effect on Friday. Late Wednesday, a San Antonio federal court put that schedule on hold for most of the law. Its “show-me-your-papers” provision, however, can go into limited effect. Senate Bill 4 marks the pinnacle of state Republican elected officials to tie state and local governments to ICE’s immigration enforcement practices. The law authorizes police to ask about immigration status. It requires compliance with immigration detainers [...]

Posted by César on August 30, 2017 on 9:43 pm Leave a Comment
Filed Under: 14th Amendment, 1st Amendment, 4th Amendment, 5th Amendment, detainer, Due Process Clause, imprisonment, local immigration policing, U.S. District Courts

Massachusetts top court deals detainers another blow

In another loss for federal immigration officials, the highest court in Massachusetts decided yesterday that it is illegal under state law to hold someone on an immigration detainer. Lunn v. Commonwealth, No. SJC-12276, slip op. (Mass. July 24, 2017). This case involved a man who was held in a courthouse holding cell after the judge overseeing a criminal prosecution against him dismissed the case. [Disclosure: I was one of many immigration law scholars to sign a brief authored by my colleague Christopher Lasch submitted on behalf of Mr. Lunn.] The state’s Supreme Judicial Court easily [...]

Posted by César on July 25, 2017 on 4:00 am Leave a Comment
Filed Under: bond, detainer, imprisonment, local immigration policing, Massachusetts state court, state court

Detainer without probable cause of crime violates 4th Amendment

Adding to the growing caselaw about the constitutional infirmities of immigration detainers, a federal district court in Texas concluded this week that a detainer lacking probable cause of criminal activity violates the Fourth Amendment. Trujillo Santoyo v. United States, No. 5:16-cv-00855-OLG, slip op. (W.D. Tex. June 5, 2017). This case involved an individual arrested on criminal charges that were dismissed without a conviction. While lawfully jailed in the Bexar County Adult Detention Center during the pendency of the criminal case, ICE issued an immigration detainer against Trujillo [...]

Posted by César on June 9, 2017 on 4:00 am 2 Comments
Filed Under: 4th Amendment, detainer, U.S. District Courts

Public Safety and the Fourth Amendment Work Together

By Christopher N. Lasch and César Cuauhtémoc García Hernández On Monday, the Colorado Senate is expected to consider a bill to prohibit cities and counties from limiting their role in enforcing federal immigration law. Senate Bill 17-281, the Colorado Citizen Protection Against Sanctuary Policies Act, relies on two fallacies perpetuated by the Trump administration in its campaign against so-called “sanctuary” cities. First, President Trump claims sanctuary jurisdictions endanger the public. S.B. 281 likewise claims that sanctuary policies are “contrary to the safety” of Coloradans.  This [...]

Posted by César on April 24, 2017 on 6:34 am Leave a Comment
Filed Under: 4th Amendment, commentaries, detainer, guest blogger, local immigration policing, proposed legislation, sanctuary

ICE’s new immigration detainer policy remains legally flawed

Today, ICE issued a new policy regarding use of immigration detainers. Sometimes called immigration holds, detainers are requests by ICE that a local law enforcement agency continue holding someone in the LEAs custody. The purpose of continued confinement is to give ICE time to pick up the individual. The policy announced today instructs immigration officers, including local police deputized as immigration officers pursuant to a 287(g) agreement, to issue detainers against anyone who they have probable cause to believe is removable from the United States. Though couched in carefully crafted [...]

Posted by César on March 24, 2017 on 3:38 pm 2 Comments
Filed Under: 287(g), 4th Amendment, detainer, imprisonment, local immigration policing

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