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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

From probation to ICE

The Trump administration has made much of its wide immigration enforcement priorities. Every migrant who comes across the criminal justice system has reason to worry about being placed into the immigration detention and deportation pipeline. While this risk always existed under President Obama, the last ten months have seen many elected officials prominently announce their intent to defy the Trump administration by proactively helping migrants steer clear of ICE’s broad gaze. Even in nominally migrant-friendly communities, a palpable risk remains that mundane encounters with the criminal [...]

Posted by César on November 13, 2017 on 9:53 pm 3 Comments
Filed Under: Colorado state court, local immigration policing, state court

Colorado Supreme Court nixes anti-smuggling crime

In a long due decision, a divided Colorado Supreme Court held the state’s human smuggling crime unconstitutional. The court’s decision in Fuentes-Espinoza v. People, No. 13SC128 (Colo. October 10, 2017), returns public attention to 2006 when the state legislature enacted a host of anti-migrant legislation. In Fuentes-Espinoza, the court concluded that the state legislator overstepped its authority that year when it criminalized conduct already regulated by federal immigration law. The U.S. Constitution’s Supremacy Clause commands that state law must give way anytime it affects the same [...]

Posted by César on October 24, 2017 on 4:00 am Leave a Comment
Filed Under: Colorado state court, local immigration policing, preemption, state court, Supremacy Clause

Private prison attempt to claim homeowner tax credit rebuffed

In an astonishing display of hubris, private prison corporation GEO Group has been trying to benefit from a Texas sales tax exemption available only to homeowners. In a  decision issued this month, a state appellate court halted GEO’s efforts, concluding that a prison is not a home even to the people locked inside. Geo Group, Inc. v. Hegar, No. 03-15-00726-CV, slip op. (Tex. Ct. App. Aug. 10, 2017). Under Texas law, gas and electricity sold for “residential use” is not subject to the state’s sales tax. GEO claimed that facilities it owns or operates fit this description, thus it should not [...]

Posted by César on August 28, 2017 on 4:00 am Leave a Comment
Filed Under: CCA/CoreCivic, GEO Group, imprisonment, state court, Texas state court

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

With SB 4, Texas faces legal and public safety climb

By Joshua Mitson Since President Trump’s inauguration a wave of “anti-sanctuary city” bills have been proposed by state legislatures across the country. Last Thursday, one of the most extreme variations of these bills was approved by the Texas state legislature and on Sunday, Governor Greg Abbott signed it into law. Senate Bill 4 (SB 4) is, in many ways, a standard anti-sanctuary policy – it compels local law enforcement agencies to honor ICE detainers, it forbids campus peace officers from obstructing local police from inquiring into immigration status of arrestees and compels [...]

Posted by César on May 10, 2017 on 4:00 am Leave a Comment
Filed Under: 4th Amendment, guest blogger, local immigration policing, proposed legislation, sanctuary, state court

California Supreme Court decision opens breathing room for migrants, alters typical political lineup

Last week, the California Supreme Court issued an important decision expanding the ability of migrants given poor advice about the immigration consequences of a conviction to obtain relief. In People v. Patterson, No. S225193, slip op. (Cal. March 27, 2017), the court unanimously held that a migrant isn’t barred from withdrawing a guilty plea that results in mandatory immigration detention and deportability simply because the plea form stated that conviction “may” result in adverse immigration consequences. Pursuant to Cal. Penal Code § 1016.5, all defendants are provided this generic [...]

Posted by César on April 6, 2017 on 4:00 am Leave a Comment
Filed Under: California state court, controlled substance offense, mandatory detention, Padilla v. Kentucky, post-conviction relief, right to counsel, state court

Constitutional collision in Colorado anti-immigrant bill

By César Cuauhtémoc García Hernández and Christopher N. Lasch The virulent tone of immigration rhetoric that propelled Donald Trump to the presidency has come to Colorado. A Republican state legislator proposes to bar cities or local governmental units from limiting their cooperation with ICE. And then he goes where even President Trump hasn’t dared: criminalizing the very act of voting in favor of limiting cooperation with ICE. The proposal, House Bill 17-1134, titled the “Colorado Politician Accountability Act,” is a constitutional train wreck. If our students submitted this for a course, [...]

Posted by César on February 21, 2017 on 4:00 am Leave a Comment
Filed Under: 4th Amendment, Colorado state court, commentaries, detainer, local immigration policing, proposed legislation, sanctuary, state court

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