UPDATE: Today a CA federal court issued final order in our lawsuit w/ @ACLU_SoCal ruling immigration detainers issued by ICE out of its Pacific Enforcement Response Center violate the Constitution & are null & void (even if PERC moves to another state). immigrantjustice.org/court_cases/go… 1/
Immigration detainers are requests ICE sends to local and state law enforcement asking them to keep immigrants detained after their authority expires so that ICE can come and take them into custody. 2/
The court finds that detainers issued out of PERC, which ICE uses after business hours and on weekends to send detainer requests to 42 states, violate the 4th Amendment because they assess a person’s removability based solely on a database check. 3/
“The federal databases that ICE relies on to issue its detainers are not reliable sources,” the court says. “The most reliable source of information about a person’s citizenship or immigration status is the individual.” 4/
The court also ruled that when ICE issues detainers it must inform state & local law enforcement that the requests do not provide the legal authority for police officers to make an immigration arrest. Read the full final order here 5/5 immigrantjustice.org/sites/default/…
