Class Action Filed Against DHS Over Local Immigration Detentions - The BLT: The Blog of Legal Times: "Immigrant advocates filed a class action suit Thursday against the Department of Homeland Security for unlawfully detaining immigrants and U.S. citizens identified through local law enforcement agencies.
The Heartland Alliance's National Immigrant Justice Center sued DHS in Illinois federal court, challenging the constitutionality of immigration detainers, which instruct local police to continue to detain people suspected of immigration violations, even after no other basis for custody exists, until U.S. Immigration and Customs Enforcement officers arrive to take the person into custody.
The complaint alleges that the detainers violate the Fourth and Fifth Amendments because DHS ”fails to establish probable cause before issuing the detainers, does not notify individuals that detainers have been issued against them, and provides no means by which individuals can challenge their extended detention.” Also, the suit charges that the use of detainers violates the 10th Amendment because it requires state and local governments to implement federal law."
The MexicoBlog of the Americas Program, a fiscally sponsored program of the Center for Economic and Policy Research (CEPR), is written by Laura Carlsen. I monitor and analyze international press on Mexico, with a focus on security, immigration, human rights and social movements for peace and justice, from a feminist perspective. And sometimes I simply muse.
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