Oct 19, 2011

Immigration Crackdown: ICE Detainers Challenged By Lawsuit

Latin American Dispatch: "Jose Jimenez Moreno has spent the last seven months in a jail in Winnebago County, Illinois, while he awaits trial for drug-related charges. If not for a detainer placed on him by U.S. Immigration and Customs Enforcement (ICE) authorities, he would have qualified to be released on pre-trial bail. Jimenez cannot legally be deported, however, because he is a U.S. citizen. He is now charging ICE and Department of Homeland Security officials with violating his rights to due process and legal representation, in a class action lawsuit filed last month that could have broad implications for federal immigrant detention policy.

Jimenez’s case is not unique, according to Mark Fleming, national litigation coordinator at the National Immigrant Justice Center (NIJC). He says the majority of the 270,000 detainers ICE issues each year — based on 2010 figures — are issued without establishing probable cause for deportation, and without notifying the person being detained or providing him or her with an opportunity to challenge the detainer."
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