Immigration Law

Recent Posts

ICE Pushes Detainer Envelope with 'Warrant Service Officer' Program
Posted on 6 May 2019 by Daniel M. Kowalski

ICE, May 6, 2019 "U.S. Immigration and Customs Enforcement (ICE) announced today the creation of a new collaborative program intended for local law-enforcement that wish to honor immigration detainers but are prohibited due to state and local policies... Read More

Webcast on Detainers (Apr. 16, 2019)
Posted on 16 Apr 2019 by Daniel M. Kowalski "Join a live conversation about one of the most pressing features of immigration policing today: immigration detainers. Kate Evans , Associate Professor of Law at the University... Read More

ICE Detainer Litigation Victory in NY: People v. DeMarco
Posted on 15 Nov 2018 by Daniel M. Kowalski

ACLU, Nov. 14, 2018 - "A state appeals court in Brooklyn ruled today definitively, and for the first time, that it is illegal under state law for local law enforcement agencies in New York to make immigration arrests at the request of federal immigration... Read More

Tags: New York , ACLU , detainers , ICE

Profiling Who ICE Detains - Few Committed Any Crime
Posted on 10 Oct 2018 by Daniel M. Kowalski

TRAC, Oct. 9, 2018 - "The vast majority (58%) of individuals in ICE custody June 30 had no criminal record. An even larger proportion—four out of five—either had no record, or had only committed a minor offense such as a traffic violation... Read More

Fairfax County (VA) Sheriff’s Office Using Risky Strategy to Hold Immigrants for ICE: Experts
Posted on 26 Dec 2017 by Daniel M. Kowalski

Yvette Cabrera, ThinkProgress, Dec. 22, 2017 - "The Fairfax County Sheriff’s Office in Northern Virginia is holding people in jail past their release date at the request of Immigration and Customs Enforcement [ICE] using a technique that raises... Read More

Detainer Victory in Colorado Based on State Law: Cisneros v. Elder (Prelim. Injunction)
Posted on 20 Mar 2018 by Daniel M. Kowalski

Cisneros v. Elder - "Plaintiffs’ request for a preliminary injunction is GRANTED. Defendant is ENJOINED from relying on ICE immigration detainers or ICE administrative warrants as grounds for refusing to release the Plaintiffs from custody... Read More

Colorado Sheriff Faces ACLU Class Action Over Immigrant Detention
Posted on 28 Feb 2018 by Daniel M. Kowalski

Amanda Pampuro, Courthouse News, Feb. 27, 2018 - "The ACLU accused a Colorado sheriff of breaking state law Tuesday by wrongfully detaining released persons for ICE. At the request of Immigration and Customs Enforcement, El Paso County Sheriff... Read More

Texas Judge: Detainers Unconstitutional - Santoyo v. USA
Posted on 9 Jun 2017 by Daniel M. Kowalski

Jason Buch, San Antonio Express-News, June 8, 2017 - "The same San Antonio federal judge who will hear the lawsuits challenging the constitutionality of the state’s new “sanctuary cities” law ruled earlier this week in a separate... Read More

Report | Assumption Of Risk: Legal Liabilities For Local Governments That Choose To Enforce Federal Immigration Laws
Posted on 8 Mar 2018 by Daniel M. Kowalski

Mar. 7, 2018 - "A joint report by attorneys from NIJC, American Immigration Council, American Immigration Lawyers Association, National Immigration Law Center, and Southern Poverty Law Center, Assumption of Risk: Legal Liabilities for Local Governments... Read More

ICE Detainers Unlawful: Jimenez Moreno v. Napolitano
Posted on 3 Oct 2016 by Daniel M. Kowalski

NIJC, Oct. 3, 2016 - " Court to Rescind Class Members’ Detainers, Nullifying Centerpiece of ICE’s Priority Enforcement Program (PEP) - The federal district court of the Northern District of Illinois has invalidated the federal government’s... Read More

Seattle Limits ICE Detainers
Posted on 3 Dec 2013 by Daniel M. Kowalski

"Moments ago, the King County Council passed an ordinance ( 2013-0285 ) that would establish clear guidelines for local law enforcement's involvement in federal immigration enforcement and make our communities safer. The ordinance, co-sponsored... Read More

Mass. Sup. Jud. Ct. - State Immigration Detainer Enforcement Is Unlawful - Lunn v. Commonwealth (Treatise Cited)
Posted on 24 Jul 2017 by Daniel M. Kowalski

NIJC, July 24, 2017 - "Today, in another legal blow to U.S. Immigration and Custom’s Enforcement’s (ICE) use of immigration detainers, the Massachusetts Supreme Judicial Court decided that police or judicial authorities’ practice... Read More

Immigration Detainers are Non-Binding, Federal Appeals Court Rules
Posted on 5 Mar 2014 by Daniel M. Kowalski

"The U.S. Court of Appeals for the Third Circuit [on Mar. 4, 2014] ruled that states and localities are not required to imprison people based on "detainer" requests from the federal Immigration and Customs Enforcement agency, ICE, recognizing... Read More

Federal District Court Reaffirms that ICE Detainers are Not Mandatory
Posted on 30 Sep 2014 by Daniel M. Kowalski

"A federal judge yesterday reaffirmed that local law enforcement offices should not consider U.S. Immigration and Customs Enforcement (ICE) detainers mandatory. “For many years, ICE took advantage of legal ambiguity to convince law enforcement... Read More