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    Senior Member JohnDoe2's Avatar
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    New York State Sheriffs Shying Away From Immigration Detention

    New York State Sheriffs Shying Away From Immigration Detention

    By KIRK SEMPLE JULY 30, 2014

    The New York State Sheriffs’ Association has recommended that its members refuse requests by federal immigration authorities to hold foreign-born detainees for additional time so that they can be investigated for immigration-related offenses.

    At least nine sheriffs in the state have vowed to follow the association’s guidance, joining a growing wave of law enforcement agencies around the nation that have made similar policy changes, according to the New York Civil Liberties Union, which has been pressing the jurisdictions in the state to make the changes.


    The shift follows a series of federal court rulings this year that raised questions about the constitutionality of the holds, which are known as detainers and are a key part of the federal immigration-enforcement machinery. Immigration authorities have for years issued detainers to local and state law enforcement agencies, asking them to hold immigrant detainees for up to 48 hours after they were scheduled for release from jail.

    Many of those detainees are then transferred into federal custody and end up in deportation proceedings.

    “We’re pleased that some of the counties that have large immigrant populations have recognized that they can’t legally hold people based on an ICE detainer,” said Donna Lieberman, executive director of the New York Civil Liberties Union, using the acronym for Immigration and Customs Enforcement, the federal agency that issues the holds.


    “We applaud the state sheriffs’ association for recognizing that you can’t violate the law to enforce the law,” Ms. Lieberman added.


    Amid the rising deportation rates recorded under the Obama administration, immigrants’ advocates have lobbied local law enforcement agencies to limit, if not end, their compliance with federal detainers, arguing that municipalities should not be helping to enforce federal immigration laws and that the policy undermines immigrants’ trust in local authorities.


    The campaign has made gains in several major cities, including New York, where the City Council has passed a series of laws restricting the city’s cooperation with detainers.


    But the expanding resistance by sheriffs, including by some in California, Kansas, Minnesota and Washington, has posed the greatest challenge yet to the practice. Gillian M. Christensen, a spokeswoman for the immigration enforcement agency, said on Wednesday that at least 134 jurisdictions in the nation had declared they would no longer honor detainers. (New York City is not among them.)


    Sheriff Barry Virts of Wayne County, which is on Lake Ontario, confirmed that he was among the sheriffs who had decided to reject detainers. He said he made the decision immediately upon receiving the guidance from the sheriffs’ association.


    “Our counsel said you shouldn’t do it, and we don’t,” he said.


    The association’s guidance, sent in an email by Alex Wilson, the group’s associate counsel, cited recent case law, including a decision in April by a federal magistrate judge in Oregon.


    The case involved a Mexican immigrant who was held in 2012 for violating a restraining order in a domestic violence case. After serving her sentence, she was held in a county jail for an additional 19 hours under a federal detainer. The county argued in a resulting lawsuit that they were required to honor the resulting detainer, but the magistrate judge found that the federal request was not mandatory and “alone did not demonstrate probable cause” for the county to hold the immigrant.

    The case law, Mr. Wilson wrote, “has established that ICE detainers are requests, not mandates.”


    “As such,” he continued, “jail inmates who are held in custody solely by virtue of an ICE detainer are being held illegally, in violation of their Fourth Amendment rights protecting them from unreasonable searches and seizures.”


    Though the decisions are not legally binding in New York, he added, “it is our opinion that New York courts would rule similarly.”


    The resistance to detainers has prompted Jeh C. Johnson, the homeland security secretary, to ask his legal team to determine the department’s next steps.


    In the meantime, ICE will continue to issue detainers, even to resistant municipalities, officials said. For his part, Sheriff Virts emphasized that his refusal to honor detainers did not mean a halt to all cooperation with immigration officials.


    If ICE expresses interest in a detainee, he said, he will let them know the time and date of the person’s release from his custody. “ ‘Heads up,’ ” he said. “ ‘If you want him, he’s walking out our front door.’ ”

    http://www.nytimes.com/2014/07/31/ny...ion-.html?_r=0
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    Senior Member JohnDoe2's Avatar
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