Immigration Law

Recent Posts

Colo. Ct. App. on ICE Detainers: Cisneros v. Elder
Posted on 16 Sep 2022 by Daniel M. Kowalski

Cisneros v. Elder "The CGIA provides that sovereign immunity is waived for injuries that result from the operation of a jail. The sheriff argues that the conduct alleged in this case — that he refused to release plaintiff (after plaintiff... Read More

Colorado Supreme Court on ICE Detainers: Cisneros v. Elder
Posted on 21 Mar 2022 by Daniel M. Kowalski

Cisneros v. Elder "In this case, the supreme court considers whether section 24-10-106(1.S)(b), C.R.S. (2021), of the Colorado Governmental Immunity Act ("CGIA") waives sovereign immunity for intentional torts that result from the operation... Read More

Detainer Victory in Colorado: Nash v. Mikesell
Posted on 17 Dec 2021 by Daniel M. Kowalski

Nash v. Mikesell "Jason Mikesell, in his official capacity as Sheriff of Teller County, entered into an agreement with the United States Immigration and Customs Enforcement (ICE) to assist ICE in various ways. Plaintiffs — residents of Teller... Read More

A Report on Detainers: Escalating Jailhouse Immigration Enforcement
Posted on 9 Dec 2021 by Daniel M. Kowalski

Priya Sreenivasan, Jason A. Cade, and Azadeh Shahshahani, Dec. 2021 "In January 2017, former President Trump announced Executive Order 13768, in which he pledged to expand 287(g) agreements across the country, a program that deputizes state and... Read More

Tags: detainers , 287(g) , ICE

More than 18,500 Individuals Unlawfully Detained by L.A. County Sheriff's Department Over ICE Holds to Receive Compensation from $14 Million Settlement
Posted on 12 Feb 2021 by Daniel M. Kowalski

PRNewswire, Feb. 11, 2021 - Migrants' rights group searches for victims in Mexico, Guatemala, Honduras, Nicaragua and Ecuador "Individuals who were held in L.A. County jail based on ICE holds in the period from October 2010 to June 2014 may... Read More

ICE Hold Lawsuit Settles for $14 Million
Posted on 14 Oct 2020 by Daniel M. Kowalski

ACLU Southern California, Oct. 13, 2020 "The Los Angeles County Board of Supervisors today approved settlement of a class action lawsuit brought by immigrants who were unlawfully detained by the L.A. County Sheriff’s Department — sometimes... Read More

CA9 on Detainers: Gonzalez v. ICE
Posted on 11 Sep 2020 by Daniel M. Kowalski

Gonzalez v. ICE "We resolve several issues in this opinion. First, we hold that Gonzalez had Article III standing to seek prospective injunctive relief when he commenced suit. The Government’s cancellation of the detainer against him does... Read More

Tags: detainers , ICE

Montana Supreme Court on Detainers: Ramon v. Short
Posted on 27 Mar 2020 by Daniel M. Kowalski

Ramon v. Short "With the exception of the limited circumstances discussed, neither federal law nor Montana law provide state or local Montana law enforcement officers with the authority to arrest individuals based on federal civil immigration violations... Read More

Tags: Montana , detainers , ICE

ICE Detainer Litigation Victory
Posted on 11 Feb 2020 by Daniel M. Kowalski

Joel Rubin, Brittny Mejia, Los Angeles Times, Feb. 7, 2020 "A federal judge in Los Angeles this week issued his final judgment in a long-running immigration case, upending the way Immigration and Customs Enforcement uses local police to detain... Read More

Detainer Lawsuit Filed in Las Vegas
Posted on 19 Jan 2020 by Daniel M. Kowalski

MALDEF, Jan. 17, 2020 "Las Vegas city authorities’ policy of holding immigrants in jail after they have completed their sentences is unconstitutional, a lawsuit filed today charged. MALDEF (Mexican American Legal Defense and Educational... Read More

Las Vegas Police: No to ICE Holds
Posted on 24 Oct 2019 by Daniel M. Kowalski

Alexis Egeland, Las Vegas Review-Journal, Oct. 23, 2019 "The Metropolitan Police Department will no longer detain immigrants on federal immigration holds, the agency announced Wednesday. Metro on Tuesday notified U.S. Immigration and Customs Enforcement... Read More

Preliminary Injunction Blocks Use of Faulty ICE Detainer Database
Posted on 30 Sep 2019 by Daniel M. Kowalski

Gonzalez v. ICE, Sept. 27, 2019 "For the foregoing reasons, concurrently with adopting the above findings of facts and conclusions of law, the Court shall issue a permanent injunction enjoining ICE from issuing detainers to state and local law... Read More

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

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