Litigating Immigration Detainer Issues

"The immigration detainer is the principal mechanism for Immigration and Customs Enforcement (ICE), the enforcement arm of the Department of Homeland Security (DHS), to obtain custody over suspected immigration violators in the custody of state or local law enforcement officials. Published following...

How Arizona v. United States Casts Doubt on the Validity of Federal Immigration Detainers

"The Court’s June 25, 2012 decision in Arizona v. United States struck down three of the four challenged sections of Arizona’s “Support Our Law Enforcement and Safe Neighborhoods Act,” colloquially known simply as “S.B. 1070.” Two of these provisions created state...

Preempting Immigration Detainer Enforcement Under Arizona v. United States

"The power of the states to participate in immigration enforcement has been hotly debated. With its June 25, 2012 decision in Arizona v. United States, the Supreme Court dealt a hard blow against state involvement in immigration enforcement. This article addresses the impact of Arizona’s...

Mass. High Court Breathes New Life Into Padilla in Commonwealth v. Sylvain

"In an important decision last week the Massachusetts Supreme Judicial Court (SJC) confirmed it will continue to part ways with the United States Supreme Court over the retroactive application of the Supreme Court’s 2010 decision in Padilla v. Kentucky , 559 U.S. 356, requiring effective crimmigration...

The Faulty Legal Arguments Behind Immigration Detainers: Christopher Lasch

"[D]etainers are invalid in many instances for the same reason the Supreme Court struck down numerous parts of SB 1070—they permit law enforcement action inconsistent with laws enacted by Congress. Moreover, as Justice Anthony Kennedy’s majority opinion also makes clear, the use of immigration...

ICE Detainer = 4th Amendment Violation: Miranda-Olivares v. Clackamas County

"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...

NM SUPREME COURT: PADILLA APPLIES RETROACTIVELY

"In an important decision, the New Mexico Supreme Court held that Padilla v. Kentucky , 559 U.S. 356 (2010), applies retroactively to 1990. Ramirez v. State , No. 33,604, slip op. (N.M. June 19, 2014). The court’s decision departs from the U.S. Supreme Court’s ruling in Chaidez v. United...