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Immigration Law

Florida Judge Shoots Down Miami-Dade ICE Detainer Detention Policy: Lacroix v. Junior

David Ovalle, Miami Herald, Mar. 3, 2017 - "Miami-Dade County – faced with threats by President Trump to cut off federal funding – violated the U.S. Constitution when it agreed to jail people slated for deportation, a judge ruled on Friday.  The judge’s ruling was a rebuke of Miami-Dade Mayor Carlos Gimenez’s much criticized decision to allow county jails to hold immigrants awaiting deportation by federal agents, a measure that has sparked protests and anger by many immigration advocates in South Florida.  Circuit Judge Milton Hirsch wrote that the policy violated the Tenth Amendment, which limits the reach of the federal government over states.  “Of course we must protect our country from the problems associated with unregulated immigration,” Miami-Dade Circuit Judge Milton Hirsch wrote. “We must protect our country from a great many things; but from nothing so much as from the loss of our historic rights and liberties.”  The immediate impact of the ruling was unclear. For one thing, the judge did not explicitly order Miami-Dade jailers to stop honoring requests by the federal government to hold people marked for deportation, or suspected of violating immigration laws. Hirsch’s ruling also could be delayed by more litigation.  The county immediately filed a notice of appeal with the Third District Court of Appeal.  “It is Miami-Dade County's position that immigration is a federal issue which should be handled in federal court,” according to a mayor’s spokesman."