The Faulty Legal Arguments Behind Immigration Detainers: Christopher Lasch

The Faulty Legal Arguments Behind Immigration Detainers: Christopher Lasch

"[D]etainers are invalid in many instances for the same reason the Supreme Court struck down numerous parts of SB 1070—they permit law enforcement action inconsistent with laws enacted by Congress.  Moreover, as Justice Anthony Kennedy’s majority opinion also makes clear, the use of immigration detainers raises serious problems under the Fourth Amendment, which requires state and local law enforcement officials to have “probable cause” that a person has violated the law before placing him or her under arrest or extending the period of custody." - Christopher Lasch, Dec. 2013.

- Christopher Lasch