Thread: FL-Immigrant detention often unconstitutional

Immigrant detention often unconstitutional, Palm Beach County public defender says Assistant public defender raps as unconstitutional the process for detaining accused immigrants
By Luis F. Perez
March 29, 2009

A Palm Beach County assistant public defender has accused the Sheriff's Office of violating the U.S. Constitution by detaining undocumented immigrants sometimes for weeks or months. Daniel Cohen is fighting the jailing of immigrants based on a federal agent's signing two sheets of paper. What they sign is not reviewed by a court and is not a warrant or a sworn statement, and that violates the Constitution, he says.

U.S. Immigration and Customs Enforcement and the sheriff take a different view.

"The sheriff is only trying to do what is required by the law," said Fred Gelston, a lawyer representing the Sheriff's Office.

Cohen joins the American Civil Liberties Union and others across the country who are challenging local police departments' role in immigration enforcement.



Immigration authorities say they're targeting criminals. But advocates for immigrants say legal immigrants often end up in jail. These advocates say local law enforcement agencies profile immigrants based on their looks and often jail them for minor infractions.

Cohen points to Neyvin Antonio Padilla, who in December 2007 was arrested on suspicion of driving without a license in Belle Glade, even though he was in a parked vehicle. After Padilla spent a night in jail, a judge said he was free to go. Instead, Padilla was held for almost two weeks without criminal or immigration charges, Cohen and Padilla family members said.

Nicole Navas, an ICE spokeswoman, said the agency's privacy policy prohibits it from releasing information on the case. Padilla, 20, was deported to Nicaragua two weeks ago, family members said.

"You're not talking about hardened criminals," said Katy Parker, a North Carolina American Civil Liberties Union lawyer who is reviewing immigrant arrests by seven sheriffs' departments in that state. "You're talking about regular folks like you and me who happen to be undocumented."

Cohen has brought his accusations to Palm Beach County Circuit Court a dozen times, but judges have said he is raising a federal issue outside their jurisdiction. Cohen can't pursue the cases in federal court because he's required to represent county residents who are accused of crimes and can't afford an attorney in local courts.

Since June 2007, the Palm Beach County and Broward sheriffs' offices have been part of ICE's Criminal Alien Program, which puts federal agents at county jails to review immigrants' records. After an interview with the suspect, the agent determines whether to sign an immigration "detainer" and another form called an "Order to Detain or Release Alien."

"This is basically two cops from two police departments deciding to detain someone without due process of the law," Broward County Public Defender Howard Finkelstein said.

Jon Feere, legal analyst for the Center for Immigration Studies, which advocates for tighter immigration controls, said deportation is an administrative proceeding. So, the due process afforded immigrants is not the same as in criminal cases.

"An illegal alien being removed isn't being punished," he said. "They're simply being returned from where they came."

Luis F. Perez can be reached at lfperez@sun-sentinel.com



http://www.newsday.com/topic/sfl-flbdet ... 1504.story

Immigration authorities say they're targeting criminals. But advocates for immigrants say legal immigrants often end up in jail. These advocates say local law enforcement agencies profile immigrants based on their looks and often jail them for minor infractions.

Prove who you are, an American Citizen or a legal resident. If the shoe fits wear it.