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Some Colorado sheriffs will no longer detain US immigration suspects Some Colorado sheriffs will no longer detain US immigration suspects
(4 months later)
Several sheriffs in Colorado will no longer automatically detain people on behalf of federal immigration authorities in the latest challenge to US policy on jailing undocumented migrants.Several sheriffs in Colorado will no longer automatically detain people on behalf of federal immigration authorities in the latest challenge to US policy on jailing undocumented migrants.
Sheriffs in the counties of Boulder, San Miguel and Mesa said this week they would not honour so-called detainer requests from Immigration and Customs Enforcement (Ice) for people eligible for release. Sheriffs in the counties of Boulder, San Miguel and Mesa said this week they would not honour so-called detainer requests from Immigration and Customs Enforcement (Ice) for people eligible for release.
The move emulated developments in Oregon, Pennsylvania, Washington state and elsewhere, a trend prompted by court rulings establishing that local authorities were not bound by Ice requests.The move emulated developments in Oregon, Pennsylvania, Washington state and elsewhere, a trend prompted by court rulings establishing that local authorities were not bound by Ice requests.
Local authorities have not suddenly become liberal advocates for immigration reform - they fear being sued.Local authorities have not suddenly become liberal advocates for immigration reform - they fear being sued.
“These recent court decisions have shown that detainers don't have the power of law,” Boulder's sheriff, Joe Pelle, told the Guardian on Wednesday. “Sheriffs are put in a very awkward situation of trying to help the federal government with immigration policy but it has become really clear there are not a lot of safeguards. The detainers don't appear to have any safeguards at all.”“These recent court decisions have shown that detainers don't have the power of law,” Boulder's sheriff, Joe Pelle, told the Guardian on Wednesday. “Sheriffs are put in a very awkward situation of trying to help the federal government with immigration policy but it has become really clear there are not a lot of safeguards. The detainers don't appear to have any safeguards at all.”
To reduce the county's risk of being sued Pelle's office will suspend “courtesy holds” – keeping people detained at Ice's behest – unless arrest warrants are issued, he said.To reduce the county's risk of being sued Pelle's office will suspend “courtesy holds” – keeping people detained at Ice's behest – unless arrest warrants are issued, he said.
“It is a dramatic development: in essence the covers have been pulled back and the local county jails are finally realizing that they had no legal authority to keep people locked up simply because Ice officials placed a detainer on them,” said Matt Adams, of the Northwest Immigrant Rights Project.“It is a dramatic development: in essence the covers have been pulled back and the local county jails are finally realizing that they had no legal authority to keep people locked up simply because Ice officials placed a detainer on them,” said Matt Adams, of the Northwest Immigrant Rights Project.
Earlier this month a federal judge in Oregon ruled that an immigrant woman's constitutional rights were violated when she was kept in jail without probable cause.Earlier this month a federal judge in Oregon ruled that an immigrant woman's constitutional rights were violated when she was kept in jail without probable cause.
It has been a common practice for Ice to ask local authorities to keep people in jail even after their original charges are resolved, and they are eligible for release, so that they can be considered for deportation.It has been a common practice for Ice to ask local authorities to keep people in jail even after their original charges are resolved, and they are eligible for release, so that they can be considered for deportation.
Ice spokesman, Carl Rusnok, said in a statement the agency, part of the Department of Homeland Security, would continue to protect the public and enforce immigration laws. “US Immigration and Customs Enforcement will continue to work cooperatively with law enforcement partners throughout Colorado as the agency seeks to enforce its priorities by identifying and removing convicted criminals and others who are public safety threats.”Ice spokesman, Carl Rusnok, said in a statement the agency, part of the Department of Homeland Security, would continue to protect the public and enforce immigration laws. “US Immigration and Customs Enforcement will continue to work cooperatively with law enforcement partners throughout Colorado as the agency seeks to enforce its priorities by identifying and removing convicted criminals and others who are public safety threats.”
The American Civil Liberties Union and other activists have long argued that county jails should not do Ice's bidding by holding people when charges were dropped or when they completed their sentence.The American Civil Liberties Union and other activists have long argued that county jails should not do Ice's bidding by holding people when charges were dropped or when they completed their sentence.
“Now, the courts are making clear that no, not only are local jails not obligated to hold people, but in fact, they may be liable for monetary damages for holding people without any legal authority,” said Adams, of the Northwest Immigrant Rights Project“Now, the courts are making clear that no, not only are local jails not obligated to hold people, but in fact, they may be liable for monetary damages for holding people without any legal authority,” said Adams, of the Northwest Immigrant Rights Project
The Oregon case concerned Maria Miranda-Olivares. In March 2012 she was found guilty of contempt of court and sentenced to 48 hours in jail but spent more than two weeks inside due to an Ice hold despite posting bail and being eligible for release. The judge ruled her 4th amendment rights were violated. A hearing will determine how much the county must pay in damages.The Oregon case concerned Maria Miranda-Olivares. In March 2012 she was found guilty of contempt of court and sentenced to 48 hours in jail but spent more than two weeks inside due to an Ice hold despite posting bail and being eligible for release. The judge ruled her 4th amendment rights were violated. A hearing will determine how much the county must pay in damages.
In the wake of similar cases in Philadelphia and Rhode Island multiple counties in Oregon Pennsylvania and Washington have limited the use of detainers.In the wake of similar cases in Philadelphia and Rhode Island multiple counties in Oregon Pennsylvania and Washington have limited the use of detainers.
Clara Long, an immigration and border policy researcher for Human Rights Watch, said it was important to break the link between public safety and immigration enforcement.Clara Long, an immigration and border policy researcher for Human Rights Watch, said it was important to break the link between public safety and immigration enforcement.
“Many of the millions of undocumented immigrants living in this country are terrified of the police – to the point that they hope to avoid officers even when they desperately need police protection.”“Many of the millions of undocumented immigrants living in this country are terrified of the police – to the point that they hope to avoid officers even when they desperately need police protection.”
The advocacy group had interviewed immigrants who suffered assault, sexual harassment and labour violations but feared calling the police and ambulances, said Long. “Not only does this mean immigrant communities may not receive the help that they need – it also means public safety suffers.”The advocacy group had interviewed immigrants who suffered assault, sexual harassment and labour violations but feared calling the police and ambulances, said Long. “Not only does this mean immigrant communities may not receive the help that they need – it also means public safety suffers.”