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 COURT: ICE AND L.A. SHERIFF UNLAWFULLY DETAIN THOUSANDS OF SUSPECTED
IMMIGRANTS  
[https://portside.org/2018-02-12/court-ice-and-la-sheriff-unlawfully-detain-thousands-suspected-immigrants]


 

 ACLU Southern California 
 February 8, 2018
ACLU Southern California
[https://www.aclusocal.org/en/press-releases/federal-court-finds-ice-and-los-angeles-sheriff-collaborated-unlawfully-detain]


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 _ On Thursday, a federal court in California ruled that Immigration
and Customs Enforcement (ICE) and the Los Angeles County Sheriff’s
Department (LASD) unlawfully detained thousands of suspected
immigrants on the basis of unconstitutional requests from ICE known as
immigration detainers. “The court’s decision vindicates years of
work by the Los Angeles immigrant community to challenge the Sheriff
Department’s abuses and throws a major wrench in the Trump
administration’s deportation machine,” said Jessica Bansal,
litigation director of NDLON. _ 

 , 

 

Link to the decision below!

#ICEoutofLA
[https://www.facebook.com/hashtag/iceoutofla?source=feed_text&story_id=1995657130462584]
#ICEoutofCA
[https://www.facebook.com/hashtag/iceoutofca?source=feed_text&story_id=1995657130462584]

Los Angeles, CA -- On Thursday, a federal court in California ruled
that Immigration and Customs Enforcement (ICE) and the Los Angeles
County Sheriff’s Department (LASD) unlawfully detained thousands of
suspected immigrants on the basis of unconstitutional requests from
ICE known as immigration detainers.

The landmark decision entitles class members to injunctive relief and
monetary damages and is a result of two lawsuits brought by the ACLU
Foundation of Southern California, the National Day Laborer Organizing
Network (NDLON), the law firm of Kaye, McLane, Bednarski & Litt, the
National Immigrant Justice Center (NIJC), and the ACLU Immigrants’
Rights Project.

“The court’s decision vindicates years of work by the Los Angeles
immigrant community to challenge the Sheriff Department’s abuses and
throws a major wrench in the Trump administration’s deportation
machine,” said Jessica Bansal, litigation director of NDLON.

“Together with the recently enacted California VALUES Act, this
decision is proof that Trump’s assault on immigrants faces
stiff—and effective—opposition in the streets, the state
legislatures, and the courts.”

The decision issued in Roy v. County of Los Angeles and Gonzalez v.
ICE holds the LASD liable for violating the Fourth Amendment rights of
thousands of inmates it detained without probable cause of any crime,
including some who were held for days after they should have been
released. It also holds that the LASD unconstitutionally incarcerated
thousands of individuals with low bail amounts who would not even have
been booked into jail if it were not for unconstitutional immigration
detainers. Based on this decision, members of both classes may be
entitled to monetary damages.

“For years, the Los Angeles County Sheriff’s Department, the
largest law enforcement agency in the United States, callously denied
immigrants constitutional protections that universally apply to all
other jail detainees – unjustifiably holding them without cause as
prisoners,” said Lindsay Battles, an attorney with Kaye, McLane,
Bednarski & Litt. “This decision holds law enforcement agencies
accountable for anti-immigrant abuse of their authority.”

The decision issued in Gonzalez v. ICE holds that ICE’s practice of
issuing detainers based on evidence of a person’s foreign place of
birth and no other information about a person’s citizenship or
immigration status violates the Fourth Amendment. It also holds that
its practice of issuing detainers without obtaining an administrative
warrant violates its own statutory arrest authority. The decision
entitles a national class of people currently subject to immigration
detainers to relief from their detainers.

The court further found that factual issues about certain
detainer-related practices of ICE and LASD would require a trial.

“This decision is a victory for the constitutional rights of both
citizens and noncitizens alike who for years have been subject to
unlawful arrest and detention due to ICE’s immigration requests,”
said Jennie Pasquarella, director of immigrants’ rights and senior
staff attorney for the ACLU of Southern California. “As the highly
polemical ‘sanctuary city’ debate continues, this decision further
clarifies that the immigration detainers at the heart of that debate
are unlawful and that police who honor them violate the
constitution.”

“The ICE detainer program damages communities and is built on a
foundation of illegality,” said Mark Fleming, associate director of
litigation at the NIJC. “We are pleased that this court joined other
precedents across the country in recognizing the statutory and
constitutional problems with detainers.”

READ THE DECISION HERE:
https://www.aclusocal.org/…/aclu_socal_roy_20180208_order_r…
[https://www.aclusocal.org/sites/default/files/aclu_socal_roy_20180208_order_re_msjs.pdf]

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