LA federal judge rules that a key tool in Trump’s immigration crackdown effort is illegal
order issued Wednesday, U.S. District Judge Andre Birotte Jr. found that a now-defunct policy of the Los Angeles County Sheriff’s Department violated the constitutional rights of inmates who were kept in custody at the behest of Immigration and Customs Enforcement officers.
Under the terms of the lawsuit, the ruling voids any pending detainer requests that were issued by ICE officials in Southern California. That designation is important since ICE officers working out of a facility in Orange County issue detainer requests to police departments in dozens of states around the country.
“The LASD officers have no authority to arrest individuals for civil immigration offenses, and thus, detaining individuals beyond their date for release violated the individuals’ Fourth Amendment rights,” Birotte wrote.
none of California’s 58 sheriffs are willing to fulfill the ICE requests. Police in other parts of the country, however, continue to hold inmates to allow ICE agents time to take them into federal custody for possible deportation. Judges elsewhere could look to this week’s decision for guidance when deciding future cases.