|Picture from www.ice.gov showing ICE Special Agents (Photo credit: Wikipedia)|
This shift by local agencies stems from two reasons: Some departments cite the legality of upholding such a request. California for example, has a law that limits immigration detainers. As a result law enforcement departments have reduced their compliance with such requests. In Oregon a court ruled that it was violation of a woman’s constitutional rights to be held in custody without probable cause. The Riverside County Chief Deputy cites this court ruling as a reason they do not hold people. Explaining that if they did hold people the department could be held liable in civil court. Another reason is a memo distributed by ICE explaining that immigration holds were “requests not requirements” according to the LA Times.
The second reason comes from departments trying to keep a good relationship with the communities they serve. Some officers explain that deportation threats scare people from reporting crimes. This makes communities unsafe and creates a break down between police and residents.
Criminal Law Updates by the Orange County Law Offices of William W. Bruzzo (714) 547-4636.