Police

New Legal Analysis Shows State Compliance with ICE Detainers May Violate the Constitution

New Legal Analysis Shows State Compliance with ICE Detainers May Violate the Constitution

Chicago, New York, and San Francisco now prevent local jails from honoring immigration detainers—requests from federal immigration officials for state and local jails to hold a person so that Immigration and Customs Enforcement (ICE) agents can investigate the person’s immigration status—unless an arrestee has been charged with or convicted of certain criminal offenses. And California’s […]

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Local Officials Improve Immigration Enforcement Policies as Congress Fails to Act

Local Officials Improve Immigration Enforcement Policies as Congress Fails to Act

The county council in King County, Washington, decided this week that local law enforcement officials will stop honoring federal immigration agents’ requests to detain immigrants who are arrested for low-level crimes. They voted 5-4 for the new policy on Monday, and supporters hope the change “will build trust between local police and immigrants who don’t […]

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Colorado Emergency Relief Efforts Impeded by Immigrants’ Mistrust of Law Enforcement

Colorado Emergency Relief Efforts Impeded by Immigrants’ Mistrust of Law Enforcement

The recent flooding in Colorado, in which eight people died and property losses are likely to reach $2 billion, offers another reminder that local law enforcement efforts are often hindered by our broken immigration system. The Denver Post reported that some unauthorized immigrants risk injury or miss out on assistance because they are afraid to […]

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Local Immigration Enforcement Harms Community Policing and Public Safety

Local Immigration Enforcement Harms Community Policing and Public Safety

Many local municipalities and law enforcement agencies are concerned that local immigration enforcement programs such as the 287(g) program, which deputize local police to perform duties of federal immigration agents, destroy the relationship between the police and the immigrant communities on whom they rely for cooperation and crime reporting. A report released this month by […]

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Newark Police Department Latest to Push Back on ICE Detainer Requests

Newark Police Department Latest to Push Back on ICE Detainer Requests

The Newark Police Department is the most recent local law enforcement agency to announce that it will  refuse requests by Immigration and Customs Enforcement to detain people who have been picked up for minor criminal offenses.  Newark is the first city in New Jersey to stop honoring detainer requests from ICE, and the announcement follows […]

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Immigrants Deserve Basic Miranda-Like Warnings When Arrested

Immigrants Deserve Basic Miranda-Like Warnings When Arrested

As anyone who has watched an episode of Law and Order knows, police officers must give certain warnings to anyone placed under arrest, including that they have the right to an attorney and that the statements they make can be used against them in court. In the 1966 decision Miranda v. Arizona, the Supreme Court […]

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New ICE Detainer Guidance Too Little, Too Late

New ICE Detainer Guidance Too Little, Too Late

On the Friday before Christmas, U.S. Immigration and Customs Enforcement (ICE) released new guidance on immigration “detainers,” the lynchpin of agency enforcement programs involving cooperation with local police. In the new guidance, ICE Director John Morton instructed agency employees to only file detainers against immigrants who represent agency “priorities.” Unfortunately, as with prior agency memos […]

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Will the Third Time Be the Charm for the TRUST Act in California?

Will the Third Time Be the Charm for the TRUST Act in California?

For the third time in three years, lawmakers in California will seek passage of the TRUST Act, a so-called “anti-Arizona” bill that would limit the ability of local authorities to honor requests from immigration authorities to continue detaining individuals on behalf of the federal government. Although Gov. Jerry Brown vetoed a similar version of the […]

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Los Angeles County Faces Sweeping Suit Over ICE Detainers

Los Angeles County Faces Sweeping Suit Over ICE Detainers

Under the Constitution, it has long been established that the government needs “probable cause” to hold an individual in custody, and that people granted bail must be released once it is paid. In a class-action lawsuit filed last Friday by numerous immigrants’ rights groups, Los Angeles County and Sheriff Lee Baca stand accused of flouting […]

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ICE Scaling Back 287(g) Program

ICE Scaling Back 287(g) Program

The 287(g) program has been controversial and criticized for years, and immigrant advocates have demanded that US Immigration and Customs Enforcement (ICE) terminate the program.  Section 287(g) of the INA allows the Secretary of Homeland Security to enter into agreements that delegate immigration powers to local police, but only through negotiated agreements, documented in Memoranda […]

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