Thursday, July 6, 2017

Immigration Practices Challenged in Court: Can They Detain Kids? What About Citizens?

A Ninth Circuit panel has ruled that the government needs to abide by its 1997 agreement to grant immigrant children bond hearings—for instance, the nine-year-old who was held in detention for 18 months. And now advocates are suing Miami-Dade County for holding a U.S. citizen overnight on an ICE detainer. (It was actually the second time immigration authorities mistook this person for an undocumented immigrant.)—TPOI editor

Detained Immigrant Children Are Entitled to Hearings, Court Rules

By Miriam Jordan, New York Times
July 5, 2017
LOS ANGELES — Undocumented immigrant children detained by federal authorities are entitled to
Border Patrol arresting kids. Photo: John Moore/Getty Images
hearings to determine whether they should remain confined, a federal appeals court ruled on Wednesday.

A three-judge panel of the United States Court of Appeals for the Ninth Circuit, in San Francisco, ruled that immigration authorities must abide by a 1997 legal settlement that established a policy for the detention, release and treatment of minors in immigration custody.

That agreement, named the Flores settlement after the teenage girl who brought the original case, stipulated that a child in deportation proceedings be afforded a bond hearing before an immigration judge.[…]

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U.S. Citizen Detained by Mistake Sues Miami-Dade Over Immigration Enforcement

By Caitlin Dickerson, New York Times
July 5, 2017
Immigration lawyers in Miami-Dade County are challenging its practice of jailing people on behalf of federal immigration authorities, in a case that could test the Trump administration’s attempts to pressure so-called sanctuary cities and counties.

In a lawsuit filed Wednesday in Federal District Court in Miami, lawyers representing a local resident, Garland Creedle, argued that the county had violated his Fourth Amendment right against unlawful seizure.[…]

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