Police in Oregon violated an immigrant's Fourth Amendment rights when they honored an Immigration and Customs Enforcement detainer request without probable cause, a federal judge ruled April 11. Judge Janice Stewart of the U.S. district court in Oregon ruled (pdf) that Clackamas County misinterpreted the regulation that governs ICE detainers.
The 2012 ruling by the Supreme Court on a controversial Arizona state law show why that's the case, both when the court struck down key parts, and when that it upheld a section of the law as constitutional, says Christopher Lasch, an assistant professor at the University of Denver law school. He writes in a paper published by the Immigration Policy Center.
In what appears to be a growing trend nationwide, King County, Wash. is the latest local government to consider no longer complying with routine Immigration and Customs Enforcement detainer requests, as reported by the Seattle Times.
The fiscal 2014 budget proposal the Obama administration sent to Congress on April 10 carries mixed results for major Homeland Security Department information technology efforts. Total funding for the DHS office of the chief information officer would go down by 1.2 percent when taking into account Office of Management and Budget-projected inflation.
New York City Mayor Michael Bloomberg approved March 18 two bills limiting the city's cooperation with Immigration and Customs Enforcement detainee orders. Critics of Secure Communities, the ICE information sharing program that permits it to search for illegal aliens arrested by state and local authorities by matching fingerprints sent to the FBI against immigration databases, were quick to applaud the legislation.
Broad-based use of biometric screening standards worldwide and interoperability between the Homeland Security Department and other agency systems are among the most significant technology improvements since Sept. 11, 2001, says Robert Mocny, DHS director of US-VISIT.
Closing the Guantanamo Bay detention facility and preventing racial profiling in immigration enforcement top the American Civil Liberties Union's agenda (.pdf) for President Obama's second term. The 300-plus-page agenda features about a dozen priorities directed at the Homeland Security Department.
To focus on criminals and repeat offenders, Immigration and Customs Enforcement has applied the policy of prosecutorial discretion to decisions on whether to issue detainers.
Honoring Immigration and Customs Enforcement detainer requests costs Colorado law enforcement agencies at least $13 million annually, asserts a report prepared by the Colorado Fiscal Institute. The Dec. 1 report (.pdf) bases its estimate on research showing that the average stay of an offender with an ICE hold in Denver County jail in 2010 and 2011 was 67 days, 22 days more than the average jail residency of all offenders.
Some counties and cities whose jurisdictions overlap differ in immigration enforcement, and that has led to conflict and mixed messages, an October article in the Migration Information Source says. The article found that county sheriffs were more likely than city police chiefs to check immigration status or report to federal authorities when they encountered suspected illegal immigrants.