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Thread: Judge's ruling says ICE detainer policy unconstitutional without probable cau(update)

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  1. #1
    Administrator Jean's Avatar
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    Judge's ruling says ICE detainer policy unconstitutional without probable cau(update)

    Judge's ruling says ICE detainer policy unconstitutional without probable cause

    by Yami Virgin, Fox San Antonio Tuesday, June 13th 2017

    San Antonio — Julio Trujillo Santoyo filed a federal lawsuit against the United States after he was held in the Bexar County jail in 2016 more than two months after an assault charge against him was dismissed.

    That's because Santoyo had a 48 hour Immigration Customs Enforcement -- or ICE detainer. However, he was held for more than 70 days. According to the the U.S. Immigration and Customs Enforcement website, an ICE detainer is described as followed:

    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 law enforcement agencies fail to honor immigration detainers and release serious criminal offenders, it undermines ICE’s ability to protect public safety and carry out its mission.

    The new detainer form (I-247A) was created by ICE, and its implementation on April 2, 2017, will fulfill the requirement of Secretary Kelly’s February 20, 2017, memo, “Enforcement of the Immigrations Laws to Serve the national Interest” to “eliminate the existing detainer forms and replace them with a new form to more effectively communicate with recipient law enforcement agencies.”


    Sheriff Javier Salazar today told Fox San Antonio the "case happened before this administration took office this happened in 2016 under a previous administration."

    So, Santoyo sued and federal judge Orlando Garcia of the Western District of Texas in San Antonio ruled that the Bexar County policy honoring ICE detainers violated Santoyo's fourth and fourteenth amendment rights.

    Garcia ruled ICE detainers without probable cause are unconstitutional and allow unlawful detention such as in Santoyo's case. Salazar says his administration has been working on measures that will prevent this from happening again and will defer decisions of probable cause to the District Attorney's Office.

    Judge Garcia will also be the judge who will hear the "Sanctuary City" Ban -- at the heart of that suit is the ICE detainer policy.

    http://foxsanantonio.com/news/local/...probable-cause
    Last edited by Jean; 10-20-2017 at 11:52 PM.
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    Administrator Jean's Avatar
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    Judge tosses case against feds over 76-day jail stay

    By Jason BuchOctober 20, 2017 Updated: October 20, 2017 6:49pm


    Julio Trujillo Santoyo is suing the Bexar County jail after being held on an immigration detained for 75 days without charge.

    A federal judge threw out a lawsuit against the federal government by an immigrant from Mexico who alleged that his rights were violated when he was held in Bexar County Jail for 76 days without charges.

    But the man’s separate lawsuit against Bexar County is still ongoing.

    U.S. District Judge Orlando Garcia ruled in June that the Sheriff’s Office violated the rights of Julio Trujillo Santoyo, an immigrant from Mexico who was booked on an assault charge that was later dismissed but was held for more than two months because of a clerical error.

    Garcia found that the jail has authority to only detain someone suspected of committing a state crime and should not have honored a detainer request from U.S. Immigration and Customs Enforcement to hold Trujillo on suspicion of being in the country illegally, a civil matter.

    Bexar County has asked Garcia to reconsider that decision, but in a ruling Wednesday, the judge said he’s waiting until the 5th Circuit Court of Appeals in New Orleans decides another case that will likely address whether county jails violate the Fourth Amendment when they hold people ICE wants to investigate and possibly deport.

    Next month, the 5th Circuit will hear that case, an appeal of Garcia’s injunction halting key portions of Texas’s Senate Bill 4, also known as the sanctuary cities law, including a provision that penalizes local officials who don’t honor ICE detainers.

    Trujillo was arrested in March 2016 on an assault charge but was held for 76 days after the charge was dismissed. He was eventually turned over to ICE and pleaded guilty to a charge of re-entering the country illegally, then deported, according to court filings.

    In his Wednesday ruling, Garcia dismissed Trujillo’s claims against the federal government, writing that ICE did not violate his rights when it sent the jail a detainer request, which the county was not required to honor.

    An attorney for Trujillo said he’s considering whether to appeal that decision.

    http://www.expressnews.com/news/loca...l-12294788.php
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  3. #3
    Senior Member Judy's Avatar
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    People, this is a losing battle because of the numbers until we get that little one line law that says "state and local law enforcement agencies are hereby authorized to enforce US immigration law including arrest and detention without fear of suit, retribution or retaliation by the federal government."

    5,000 ICE Agents can not possibly keep up with 30 million illegal aliens and all their crimes, releases and detainers. We have to engage state and local law enforcement into this effort. 15,000 won't be able to keep up with them. We need hundreds of thousands of state and local police officers engaged in our effort to deport these people out of their state and out of our country.
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