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...

Oregon Ruling Spurs Halt on Immigration Detainers

A federal judge in Oregon has found that an immigrant woman's constitutional rights were violated when she was held in jail without probable cause at the request of U.S. immigration authorities, one of several recent federal court decisions to scrutinize the practice of keeping people in jail after...

ICE Set to Visit Schools, Universities

"SEVP-certified schools are subject to on-site review at any time, per 8 CFR 214.3 (h)(3)(iv) . Please note that these reviews are not related to the SEVP field representatives and are not part of their duties. The first group of 15 representatives is part of the 60 field representatives SEVP plans...

ICE: Rules for International Students Contemplating MOOCs

"The popularity of massive open online courses (MOOCs) is on the rise for students around the world. These classes are taught exclusively online and are often free of cost. They have very high enrollments – sometimes hundreds or thousands of students. Many colleges and universities in the...

Updated List of Oregon Counties Not Honoring ICE Detainers/Holds

"Updated list of Counties (April 23, 2014) Counties* in Oregon that do not honor ICE holds as compliant with the 4th Amendment for detention purposes: Clackamas Crook Deschutes Douglas Gilliam Hood River Jackson Jefferson Lane Lincoln Marion Multnomah ...

ICE Rarely Uses Prosecutorial Discretion to Close Immigration Cases: TRAC

"The use of prosecutorial discretion (PD) by Immigration and Customs Enforcement (ICE) to close cases in the Immigration Courts continues to be relatively rare -- only 6.7 percent of cases were closed on this basis between October 2012 and March 2014. Overall PD usage has hovered in the six to eight...

Colorado Sheriffs Drop ICE Holds / Detainers

"Several Colorado sheriffs will no longer honor requests from federal immigration authorities to continue to detain someone once they are eligible to be released on the charges for which they were initially arrested. ... Boulder County Sheriff Joe Pelle said in an email shared with The Associated...

Denver Joins Growing List of Colorado Counties Rejecting ICE Holds

"Denver will no longer hold inmates for federal immigration authorities solely on the basis of immigration status, Sheriff Gary Wilson said Wednesday. The move to refuse federal immigration holds follows federal court rulings in other states that a county sheriff's department is potentially...

More Counties in Washington and Colorado Drop ICE Detainers

"At least four counties in Washington state and four in Colorado have joined a growing number of jurisdictions in Oregon that stopped holding undocumented immigrants in jail for the sole purpose of deportation." - Andrea Castillo, The Oregonian, May 1, 2014 .

OCAHO Slaps ICE for Overreaching: USA v. Crescent City Meat Co., Inc.

"Immigration and Customs Enforcement (ICE or the government) filed a complaint alleging that Crescent City Meat Company, Inc. (Crescent City or the company) violated 8 U.S.C. § 1324a(a)(1)(B) by failing to prepare, retain, and/or present I-9 forms for fifteen employees. The total penalty sought...

DHS Report on International Students Studying in USA

" The Student and Exchange Visitor Program (SEVP), part of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), released “SEVIS by the Numbers,” a quarterly report of international students studying in the United States, Wednesday. The report...

DHS and Private Prisons Refuse to Release Records on Dollar Per Day Wages Paid to ICE Prisoners; FOIA Lawsuit Filed

"The last year I've been conducting research on the legality of ICE contracts authorizing private prisons to meet performance goals by paying one dollar per day to the people they're locking up. ICE is not forthcoming about the program and it has not responded to my FOIA requests submitted...

CRS on ICE Detainers / Holds

"[T]his report surveys the various authorities governing immigration detainers, including the standard detainer form (Form I-247) sent by ICE to other law enforcement agencies. The report also discusses key legal issues raised by immigration detainers, including (1) whether DHS’s detainer...

Will Travis County (Austin, TX) Be Sued For Participating in ICE Immigration Holds?

"Barbara Hines, co-director of UT-Austin’s Immigration Clinic , is one of the dozens of attorneys who delivered a letter to Travis County Commissioners warning they may be sued for participating in Secure Communities. "An ICE detainer is not a warrant, an ICE detainer is not an order...

Santa Cruz County Says 'No' to ICE Holds

"Santa Cruz County will no longer honor federal immigration holds for people suspected of coming here illegally, effectively ending local involvement in a controversial program known as Secure Communities. The move follows the lead of several counties throughout the West that are reassessing jail...

Lehigh County (Pa.) Just Says 'No' to ICE Detainers

"Lehigh County will no longer cooperate with federal requests to hold suspected illegal immigrants beyond their release date. In a bipartisan move, county commissioners approved the new policy Wednesday after a federal court ruled in a Lehigh County case that detention orders from U.S. Immigration...

Advocates: Keep ICE Away from Local Courthouses

"For years, even as the number of deportations has climbed to record levels, immigration agents have generally refrained from questioning or detaining immigrants in and around locations deemed “sensitive,” including schools, houses of worship, hospitals and public demonstrations. Now...

San Diego County Sheriff Puts End To ICE Immigration Holds

"San Diego County jails no longer will take part in the practice of holding inmates past their jail release dates to allow U.S. Immigration and Customs Enforcement officials to take custody of them, Sheriff Bill Gore announced Thursday . The decision ends the local agency's compliance...

Hennepin County, MN Says 'No' to ICE Holds

"Hennepin County Sheriff Rich Stanek and County Attorney Mike Freeman announced Wednesday that the sheriff’s office will no longer honor U.S. Immigration and Customs Enforcement detainer requests. In the past, “ICE holds” — requests to hold detainees an additional 48 hours...

I-901 Goes Mobile

"The I-901 Mobile Fee site is currently available! Users now have on-the-go access to the FMJFee site with the option to conveniently check the status of their I-901 Fee payment. Utilizing the mobile-friendly site will allow users to read and learn more about Recent News and Updates relative to...

News Excerpts From the July 1, 2014, Bender’s Immigration Bulletin

Supreme Court Decides CSPA Case | On June 9, 2014, the Supreme Court issued its opinion in Scialabba v. Cuellar de Osorio , 2014 U.S. LEXIS 3991 [ enhanced opinion available to lexis.com subscribers ]. The Court held that the BIA’s textually reasonable construction of the Child Status Protection...

Broward County Sheriff Modifies ICE Detainer Policy

Becky Sharpless writes: "In a new policy announced on Friday , the Broward Sheriff's Office will no longer honor ICE detainers, unless the request for detention is supported by an order of removal or an administrative arrest order. A copy of the policy is attached . Please report any implementation...

Cal. Atty. Gen. on ICE Detainers: Bulletin

"Attorney General Kamala D. Harris today issued an information bulletin to California law enforcement agencies that provides updated information on their responsibilities and potential liability for complying with Immigration and Customs Enforcement (ICE) federal detainer requests for undocumented...

Fearing Lawsuits, Sheriffs Balk at ICE Detainers

"“When a judge says something is in violation of the Fourth Amendment, I am not going to just keep doing it,” said Sheriff William Gore of San Diego. “If they want to take someone into federal custody, they can decide to do that, but I am not going to keep holding somebody because...

L.A. Says 'No' to ICE Detainers

"Frustrated at the lack of action on immigration reform by the federal government, Mayor Eric Garcetti announced Monday the Los Angeles Police Department will no longer honor most federal requests to detain arrestees so they can be investigated for deportation. Citing a recent federal court ruling...