U.S. District Judge Andre Birotte Jr. just ruled in Los Angeles court that a big element of President Trump’s immigration crackdown is unconstitutional.
The Los Angeles Times reports that Judge Birotte Jr. ruled the Immigration and Customs Enforcement Bureau (ICE) are violating the constitutional rights of detainees. The order was issued in a case involving the Los Angeles County Sheriff’s Department prior to the state’s, county’s, and city’s decisions to become sanctuary sites.
“The LASD officers have no authority to arrest individuals for civil immigration offenses, and thus, detaining individuals beyond their date for release violated the individuals’ Fourth Amendment rights,” Birotte wrote.
In California, none of the state’s 58 sheriff’s departments are cooperating with ICE, however, the decision could help judges in other parts of the country as they assess how to deal with their own police departments and ICE participation.
The ruling, according to the LA Times, the ruling will affect some immigration detainee cases outside of California since it voids any outstanding detainer requests that were issued by ICE officials headquartered in Southern California’s Orange County where detainer requests for dozens of states were processed.
Judge Birotte’s order will affect an estimated 10,000 to 12,000 people who were improperly held in L.A. County jails on ICE detainers between 2010 and 2014. The former detainees may be entitled to monetary damages as a result of their illegal detention.
Trump’s Muslim ban faced court scrutiny on several occasions and federal judges show no sign of slowing down as the 45th POTUS continues his assault on immigrants.
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