Immigration Law

Recent Posts

Colo. Gov. Polis Signs Pro-Immigrant Bills
Posted on 29 May 2019 by Daniel M. Kowalski

On Tuesday, May 28, 2019, Colorado Governor Jared Polis signed into law House Bill 1124, Protect Colorado Residents From Federal Government Overreach : " BILL SUMMARY The bill allows a law enforcement officer or employee to cooperate or... Read More

Judge Rules Colorado Sheriffs Have No Legal Authority to Hold Prisoners for ICE: Cisneros v. Elder
Posted on 10 Dec 2018 by Daniel M. Kowalski

ACLU Colorado, Dec. 7, 2018 - " State District Court Judge Eric Bentley issued a final ruling last night barring El Paso County Sheriff Bill Elder from holding people in jail at the request of federal immigration enforcement (ICE) after they have... Read More

American Citizen Sues Over Immigration Arrest
Posted on 7 Jul 2017 by Daniel M. Kowalski

Caitlin Dickerson, New York Times, July 5, 2017 - "Immigration lawyers in Miami-Dade County are challenging its practice of jailing people on behalf of federal immigration authorities, in a case that could test the Trump administration’s attempts... Read More

Florida Judge Shoots Down Miami-Dade ICE Detainer Detention Policy: Lacroix v. Junior
Posted on 3 Mar 2017 by Daniel M. Kowalski

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... Read More

Colorado Sheriffs Drop ICE Holds / Detainers
Posted on 30 Apr 2014 by Daniel M. Kowalski

"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... Read More

American Citizen Sues DHS After Being Locked Up in Immigration Jail for 3.5 Years
Posted on 1 Nov 2014 by Daniel M. Kowalski

"A New York man is suing the Department of Homeland Security for detaining and seeking his deportation for three and a half years as immigration officers ignored his claims of U.S. citizenship. Davino Watson derived citizenship from his father... Read More

ICE Detainer = 4th Amendment Violation: Miranda-Olivares v. Clackamas County
Posted on 17 Apr 2014 by Daniel M. Kowalski

"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... Read More

Preempting Immigration Detainer Enforcement Under Arizona v. United States
Posted on 20 Apr 2013 by Daniel M. Kowalski

"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... Read More

Guide to Defeating ICE Hold ("Detainer") Requests
Posted on 10 May 2012 by Daniel M. Kowalski

"NIPNLG, with the Immigrant Legal Resource Center, the Immigrant Defense Project, the Washington Defenders Association, and the National Immigration Law Center, has produced a new resource for organizers and advocates to prevent deportations... Read More

Tags: hold , ilrc , guide , idp , wda , detainer , nlg , nip , nilc , ICE

Detainer TRO Could Have Nationwide Implications: Sanchez-Ochoa v. Campbell
Posted on 28 Jul 2017 by Daniel M. Kowalski

Phil Ferolito, Yakima Herald, July 27, 2017 - "A local case questioning whether Yakima County jail authorities are violating due process by enforcing federal immigration holds could affect jails nationwide, a Yakima attorney said Wednesday. U.S.... Read More

CA6 Greenlights ICE Detainers on American Citizens: Ortega v. ICE
Posted on 10 Dec 2013 by Daniel M. Kowalski

Majority : "[T]he district court properly granted qualified immunity to the defendants." Dissent : "To allow ICE to issue a detainer against an American citizen, with unlimited discretion and without any accountability, sets a dangerous... Read More

Broward County Sheriff Modifies ICE Detainer Policy
Posted on 25 Jun 2014 by Daniel M. Kowalski

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... Read More

Yale Law Worker & Immigration Rights Advocacy Clinic Lands One-Two Punch
Posted on 27 Feb 2014 by Daniel M. Kowalski

On Tuesday, Feb. 25, 2014, Mark Reid walked free . The next day, ICE caved on a detainer lawsuit . What next for Michael Wishnie and his students? Read More

New ICE detainer form, I-247
Posted on 29 Dec 2011 by Daniel M. Kowalski

IMMIGRATION DETAINER - NOTICE OF ACTION - DHS Form I-247 (12/11) Read More

Tags: detainer , ICE , i-247

CA1 on ICE Detention of American Citizens: Morales v. Chadbourne
Posted on 18 Jul 2015 by Daniel M. Kowalski

"]W]e agree with Morales that the law was clearly established in 2009 that, under the Fourth Amendment, an ICE agent required probable cause to issue an immigration detainer. We, therefore, affirm the district court's denial of qualified immunity... Read More