USA IN A LAND MARK CASE BY MAJORITY 2-1 DECISION COURT ONE AMERICAN RESIDENT ARRESTED FOR DRUG CHARGES BUT IMMIGRATION AUTHORITIES REPORTED TO PRISON HE IS ILLEGAL IN COUNTRY EVEN AFTER AMERICAN CLAIMED TO HAVE DRIVING LICENSE AND SOCIAL SECURITY NUMBER BUT JAIL STAFF DID NOT TO LISTEN AND KEPT FOR THREE DAYS IN PRISON AND NOW COURT HELD HIS CONSTITUTIONAL RIGHTS VIOLATED AND FURTHER RULED THAT LOCAL POLICE HAVE NO OBLIGATION TO LISTEN OR COMPLY WITH FEDERAL IMMIGRATION OFFICIALS 9:18 PM EST, March 5, 2014 Ernesto Galarzas objections to being held as an illegal immigrant in Lehigh County Prison fell on deaf ears for three days. After the New Jersey-born Allentown resident was arrested in a 2008 drug raid at the construction site where he worked, a federal immigration agent reported to the prison that Galarza was suspected of being in the country illegally. Prison staff refused Galarzas requests to get his wallet from the property room so he could show his drivers license and Social Security card, proving he was a U.S. citizen. It wasnt until U.S. Immigration and Customs Enforcement officers questioned Galarza and recognized their mistake that he was released. Now, a federal appeals court has ruled Lehigh County Prison was wrong to hold Galarza, finding that local law enforcement agencies have no obligation to comply with federal immigration detainers. In a 2-1 decision Tuesday, a panel of 3rd U.S. Circuit Court of Appeals judges agreed with Galarza that the federal regulation allowing ICE to issue detainers clearly defines them merely as requests. In an opinion by Julio M. Fuentes, the majority also found that requiring local authorities to hold people on immigration violations would violate the constitutional protection of states rights. The decision revives Galarzas lawsuit against Lehigh County, which was dismissed by U.S. District Judge James Knoll Gardner in 2012. Judge Maryanne Trump Barry noted in her dissent that the decision could have a major impact on how local prisons work with immigration authorities. It confirms our understanding that local agencies, meaning states and municipalities, are free not to respond to ICE detainer requests, said Molly Tack Hooper, an attorney with the American Civil Liberties Union of Pennsylvania, which represented Galarza. Hooper said the decision legitimizes a movement among police departments and county jails to discontinue aiding federal authorities in enforcing immigration laws, as local law enforcement concluded the practice undermined trust in immigrant communities. When the immigrant community starts to view local law enforcement as essentially an arm of ICE, they become reluctant to come forward and report crimes, Hooper said. Immigration detainers are notices provided by ICE to local corrections authorities that a person they have in custody is suspected of being in the country illegally. Hooper said the process for issuing an immigration detainer doesnt require an agent to have probable cause to believe a violation has been committed, and theres no mechanism to challenge a detainer. You dont get any notice of what youre being held for. You dont get to see a judge to say, Hey I think there has been a mistake here, Hooper said. A 2011 study by the Warren Institute on Law and Social Policy estimated 3,600 U.S. citizens had been wrongly held on immigration detainers. Thomas Caffrey, who represented the county, said that since Galarzas arrest, ICE has changed its long-held policy that complying with the detainers was mandatory. The change came in response to pressure from the ACLU and other groups, and resulted in local governments such as Lehigh County facing lawsuits. That bothers me because the local institutions have been left in a bind here, Caffrey said. Nicole Navas, a spokeswoman for ICE, said it is inaccurate to say the agency changed its policy, and that the detainers were never anything more than a request. In 2011, ICE issued a new detainer form to clarify that point and reinforce that local agencies were asked only to hold individuals on detainers for 48 hours. The agency also established a hotline for detainees to call if they believe they are being held wrongly. In 2012, ICE revised its policy on detainers to restrict their use against people arrested for misdemeanors and traffic offenses. In Galarzas case, he was doing construction work at a house in Allentown when his boss sold cocaine to an undercover police officer. The contractor, Galarza and two other men were arrested and charged with conspiracy to deliver cocaine. Galarza was acquitted of the charges in April 2010. Two of the men were citizens of the Dominican Republic and the third was from Honduras. Although the paperwork prepared by Allentown police at the time of the arrest listed Galarzas place of birth as Perth Amboy, N.J., Allentown police officer Christie Correa reported his arrest to ICE. Galarza was taken to Lehigh County Prison, and the next day ICE agent Mark Szalczyk filed an immigration detainer. Although Galarza posted $15,000 bail, he was held from Nov. 21-24, 2008. Galarza sued the city, Correa, ICE, Szalczyk and Lehigh County in 2010. He settled his claims against Correa and ICE for a total of $50,000, but the rest of the case was dismissed. The remaining claim against Lehigh County will now return to federal court in Allentown.
Posted on: Thu, 13 Mar 2014 03:16:52 +0000
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