Thread: Suit: L.A. Sheriff denied bail to inmates on ICE holds

Suit: Sheriff denied bail to inmates on ICE holds

Updated 10:32 a.m., Friday, October 19, 2012

LOS ANGELES (AP) — Arrestees who say they were denied bail because they had federal immigration holds plan to sue the Los Angeles County sheriff alleging they were illegally detained for days or months.

The American Civil Liberties Union of Southern California said it will file a federal lawsuit Friday challenging Sheriff Lee Baca's ability to detain arrestees solely on the basis of an immigration hold when they are eligible for bail or other forms of release.

Plaintiff Duncan Roy — a British film director — said he was held in jail for nearly three months because of a hold filed by Immigration and Customs Enforcement, even though he tried multiple times to post bail.

"The sheriff says, he's on an ICE hold, and the ICE people say, well, he's got to make bond," said Roy, who was eventually released after ICE removed the immigration detainer. "They keep you in this limbo where each is blaming the other organization, but basically they're colluding with each other to keep you there."

Roy, who later pleaded no contest to a misdemeanor extortion charge, is one of several named plaintiffs among tens of thousands of inmates who should have been eligible for release from sheriff's custody but have been detained because of ICE holds, according to the ACLU.

ACLU staff attorney Jennie Pasquarella said the suit — which will seek class-action status — challenges the validity of immigration detainers, which have been increasingly used in jails across the country under the federal government's flagship immigration enforcement program.

"There has to be authority for them to actually deprive a person of liberty, and we're saying there isn't based on state and federal law," Pasquarella said.

Inmates should be allowed to leave the sheriff department's custody if they post bail or qualify for release, then federal immigration authorities could seek to take them into custody if they so choose, immigrant advocates said.

Sheriff's spokeswoman Nicole Nishida said the department may hold people at the request of federal immigration authorities.

"If ICE tells us there's a hold, we're only doing what they wish," Nishida said, adding that the detainers are usually placed for 48 hours but could go longer depending on the case.

The federal government's Secure Communities program lets immigration agents check arrestees' fingerprints against homeland security records to determine if someone might be in the country illegally.

The program has been touted by ICE as a crime-fighting tool but reviled by many who say it discourages immigrants from reporting crime and erodes their trust in police. Amid growing opposition, a number of law enforcement agencies, including the Los Angeles Police Department, have announced plans to stop honoring requests for immigration holds for people accused only of minor crimes.

In the past four years, immigration agents have removed more than 220,000 people from the country under the program. Roughly 12 percent of them came from Los Angeles County, according to federal government statistics.

ICE said in a statement that the agency uses detainers to ensure that potentially dangerous criminals are not released from jails. On its website, the agency says that if immigration agents fail to take custody of an inmate after 48 hours, excluding weekends and holidays, local law enforcement agencies are required to release the inmate.

Suit: Sheriff denied bail to inmates on ICE holds - seattlepi.com

RELATED

California taxpayers spend $65 million each year to detain immigrants for ICE.

http://www.alipac.us/f12/secure-comm...n-year-262977/

Of course illegal aliens need their bail denied. They have zero respect for American laws or our judicial system or our citizens for that matter and they are extreme flight risks.

Illegal aliens charged with crimes in America should be held until they have served their full sentence for their crimes and then be deported back to their homelands. If they have any property or anything of value it should be seized by the state to help compensate American taxpayers.

W

LA Sheriff's Department accused of illegal detentions
Press TV
The accusations are part of a federal lawsuit, which represents the latest legal challenge involving a controversial US government program called Secure Communities. The American Civil Liberties Union says the Los Angeles County Sheriff's Department is ...

RELATED

http://www.alipac.us/f12/immigration...a-area-265622/