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Guide to Defeating ICE Hold ("Detainer") Requests

"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 in our communities – The All-in-One Guide...

Immigration a Central Issue in Texas Sheriff Race

"As he seeks a third term as Travis County sheriff, Greg Hamilton would prefer the race be about issues like putting more deputies on the streets and ways to improve mental health resources for people booked into the county jail. But after criticism from Hamilton's opponent in the Democratic...

Federal Judge: Detainer Class Action Lawsuit May Move Forward

"A federal judge in Illinois has ruled that Heartland Alliance’s National Immigrant Justice Center, in collaboration with Winston & Strawn LLP, can proceed with a federal lawsuit that challenges the U.S. government’s use of immigration detainers, a key tool in the Secure Communities...

ICE Revises Detainer ('Hold') Policy

Civil Immigration Enforcement: Guidance on the Use of Detainers in the Federal, State, Local, and Tribal Criminal Justice Systems - "This memorandum provides guidance on the use of U.S. Immigration and Customs Enforcement (ICE) detainers in the federal, state, local, and tribal criminal justice...

ICE Drops Case Against 'Barking Dog' Mom

"Immigration officials announced that they will stop trying to deport a mother who faced deportation after her dogs allegedly barked too much and got her arrested. Immigration and Customs Enforcement, an agency of the Department of Homeland Security, closed its case Friday against 38-year-old farm...

Preempting Immigration Detainer Enforcement Under Arizona v. United States

"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 article addresses the impact of Arizona’s...

New Mexico Sisters Sue County Over ICE Detainer Procedures

"Two sisters filed a federal lawsuit Wednesday against Doña Ana County, alleging the county jail held them illegally for immigration reasons after their mother tried to bond them out. They're seeking for it to be declared a class-action lawsuit, which would bring more plaintiffs into...

San Francisco Rejects ICE Jail Holds

"Supervisors here have approved a policy under which local law enforcement would deny requests by immigration authorities to hold arrestees for potential deportation in all but a handful of instances. ... San Francisco’s ordinance, which requires a second vote next week but is expected to...

New ICE Detainer Guidelines Have Little Impact

"Despite Immigration and Customs Enforcement (ICE) setting new, stricter detainer guidelines last December, very recent government data reveal that six months later fewer than one in nine (10.8 percent) of the ICE detainers met the agency's stated goal of targeting individuals who pose a serious...

Study Charges Orange County Probation With Unlawful ICE Referrals

"A new report from the UC Irvine School of Law Immigrant Rights Clinic (IRC) blasts the Orange County Probation Department (OCPD) for its collaboration with federal immigration officials. The "Second Chances for All" study released today comes just days after activists shut down the entrance...

CA6 Greenlights ICE Detainers on American Citizens: Ortega v. ICE

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 precedent and offends any and all notions of due...

Kern County Will Continue ICE Detainers Pending Legal Analysis

"Under the new state law known as the Trust Act which went into effect January 1, undocumented immigrants arrested for minor misdemeanor offenses are no longer subjected to being placed on a 48 hour immigration hold at the request of ICE, Immigration and Customs Enforcement. Kern County Sheriff...

American Citizen Can Proceed With Lawsuit Against Feds for Illegal Detention, Profiling

"A federal court in Rhode Island has ruled that the ACLU can proceed with a lawsuit on behalf of a North Providence resident who has twice been held in prison as a deportable “alien” even though she is a U.S. citizen. The court ruling holds that there are critical constitutional limits...

Yale Law Worker & Immigration Rights Advocacy Clinic Lands One-Two Punch

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?

ICE Detainer = 4th Amendment Violation: Miranda-Olivares v. Clackamas County

"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-02317-ST, slip op. (D. Or. April 11, 2014) (Stewart...

Colorado Sheriffs Drop ICE Holds / Detainers

"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 Pelle said in an email shared with The Associated...

Denver Joins Growing List of Colorado Counties Rejecting ICE Holds

"Denver will no longer hold inmates for federal immigration authorities solely on the basis of immigration status, Sheriff Gary Wilson said Wednesday. The move to refuse federal immigration holds follows federal court rulings in other states that a county sheriff's department is potentially...

Will Travis County (Austin, TX) Be Sued For Participating in ICE Immigration Holds?

"Barbara Hines, co-director of UT-Austin’s Immigration Clinic , is one of the dozens of attorneys who delivered a letter to Travis County Commissioners warning they may be sued for participating in Secure Communities. "An ICE detainer is not a warrant, an ICE detainer is not an order...

Lehigh County (Pa.) Just Says 'No' to ICE Detainers

"Lehigh County will no longer cooperate with federal requests to hold suspected illegal immigrants beyond their release date. In a bipartisan move, county commissioners approved the new policy Wednesday after a federal court ruled in a Lehigh County case that detention orders from U.S. Immigration...

Broward County Sheriff Modifies ICE Detainer Policy

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 the policy is attached . Please report any implementation...

American Citizen Sues DHS After Being Locked Up in Immigration Jail for 3.5 Years

"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 in 2002. In 2008, DHS took him into custody on a...

CA1 on ICE Detention of American Citizens: Morales v. Chadbourne

"]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 on Morales's Fourth Amendment claim against...

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...

ICE Issues New Detainer Policy, Form (effective Apr. 2, 2017)

ICE, Mar. 24, 2017 - "ICE places detainers on aliens who have been arrested on local criminal charges and for whom ICE possesses probable cause to believe that they are removable from the United States, so that ICE can take custody of the alien when he or she is released from local custody. When...

ICE's New Immigration Detainer Policy Remains Legally Flawed

César Cuauhtémoc García Hernández, Mar. 24, 2017 - "Today, ICE issued a new policy regarding use of immigration detainers. Sometimes called immigration holds, detainers are requests by ICE that a local law enforcement agency continue holding someone in the LEAs custody...