My Notes

Add Note Close Please be aware that information stored in notes is not encrypted.

Featured Issue: Detainers

In the aftermath of the recent tragic shooting of a woman in San Francisco by an undocumented man, the handling of civil immigration detainers by local law departments has been heavily scrutinized. Hundreds of localities have adopted policing strategies that limit involvement with federal immigration agencies, to preserve public trust and confidence in law enforcement that are essential to maintaining community safety. Legislation is being introduced to undermine public safety by threatening so-called "sanctuary cities."

Recent Legislative Action

Opposition to Proposed Legislation

Priority Enforcement Program

Secure Communities

AILA Resources

Additional Resources

Legal Matters

  • Miranda-Olivares v. Clackamas County (U.S. District Court for the District of Oregon) (4/11/2014) (AILA Doc. No. 14042148.) The court agreed with the Third Circuit Court of Appeals that detainers are not mandatory. The court further found that the county violated the Fourth Amendment by holding Ms. Miranda-Olivares solely on the basis of the detainer, without determining whether it had probable cause to detain her.
  • Galarza v. Lehigh County (U.S. Court of Appeals for the Third Circuit) (3/3/2014) (AILA Doc. No. 14030447.) The court held that immigration detainers are nonbinding, voluntary requests. Lehigh County "was free to disregard the ICE detainer." The suit involved a U.S. citizen who was held in Lehigh County Prison for 3 days on a detainer after posting bail.
  • Morales v. Chadbourne (U.S. District Court for the District of Rhode Island) (2/12/2014) U.S. citizen plaintiff held in state correctional facility for 24 hours on a detainer survived motion to dismiss for failure to state a claim against ICE officials and state officials for Fourth and Fifth Amendment violations.
  • Villars v. Kubiatowski (U.S. District Court for the Northern District of Illinois) (5/5/14) (AILA Doc. No. 14060344.) The court agreed with the Third Circuit Court of Appeals that detainers are not mandatory. The court further found that Villars, who was held on a detainer after posting bail, had successfully stated a claim against police and county defendants for detaining him without probable cause under the Fourth Amendment as well as procedural and substantive due process violations, noting that local officers generally lack authority to arrest individuals suspected of civil immigration violations (citing Arizona v. U.S.).

Cite as AILA Doc. No. 11113063.