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When a criminal alien isn’t

In conversations about immigration law reform, migrants with criminal records are something of a bogeyman. Like President Obama before him, President Trump claims that his administration’s immigration law-enforcement priorities target so-called criminal aliens. Even advocates frequently turn their backs on migrants who have run up against the criminal justice system. In New York City and Los Angeles, for example, elected officials have insisted that people convicted of certain crimes not benefit from public money intended to help migrants avoid immigration detention and deportation. In Denver, [...]

Posted by César on August 8, 2017 on 4:00 am Leave a Comment
Filed Under: 2d Circuit Court of Appeals, citizenship, false imprisonment, imprisonment, right to counsel

Oregon federal court: Detainer led to Fourth Amendment violation

A federal magistrate judge in Oregon concluded that county officials violated a woman’s Fourth Amendment rights when they kept her in custody solely on the basis of an immigration detainer. Miranda-Olivares v. Clackamas County, No. 3:12-cv-02317-ST, slip op. (D. Or. April 11, 2014) (Stewart, Magistrate Judge). This case involved a woman who was arrested for violating a restraining order. Though county jail officials did not ask her about her immigration status, they somehow learned that she was born outside the United States. Pursuant to a jail policy, they then notified ICE. The next [...]

Posted by César on April 17, 2014 on 9:00 am 10 Comments
Filed Under: 4th Amendment, detainer, Due Process Clause, false imprisonment, imprisonment, local immigration policing, U.S. District Courts

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