Dear IMLA Immigration Working Group:
A member of the group passed along this decision out of the Southern District of Florida in which the Monroe County Sheriff's Office had entered into a Basic Ordering Agreement (BOA) with ICE and held a US citizen past when he otherwise would have been released under the state probation violation charges pursuant to an erroneously issued ICE detainer. From the decision: "the narrow question before the Court is whether a local law enforcement agency cooperating with ICE may disregard information tending to prove a person is not removable and abdicate all responsibility regarding the truth of his status solely based on a Detainer Packet. For the reasons set forth below, the Court finds that the answer to this narrow question is a resounding no." The court found that the collective knowledge doctrine did not insulate the County from liability for a Fourth Amendment violation in the case. (Note hat a BOA is not the same as a 287G agreement).
Also of note the Newark Mayor who was arrested on trespass charges (which were fairly quickly dismissed) has sued the interim -US Attorney for New Jersey for false arrest and malicious prosecution: https://www.pbs.org/newshour/politics/newark-mayor-sues-federal-prosecutor-saying-arrest-at-immigration-detention-site-was-political.
I have not seen an updated sanctuary city list but will continue to monitor for it.
Thanks,
Amanda
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Amanda Karras (she/her)
Executive Director / General Counsel
International Municipal Lawyers Association
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