***** Third Circuit Court Finds Immigration Detainers are Voluntary Requests. The Third Circuit (PA, DE, NJ and the Virgin Islands) vacated and remanded, concluding that immigration detainers issued pursuant to 8 CFR §287.7 are voluntary requests and cannot compel state or local law enforcement agencies to detain individuals for suspected immigration violations. --------------------- When a person is detained by the police, immigration enforcement agency (ICE) issues federal detainers asking local or state agencies to hold the suspected alien so it can then start the process of deportation proceedings. In Galarza v. Szalczyk, a case from Pennsylvania, Mr. Galarza, an American citizen, a Hispanic man of Puerto Rican heritage, was detained for several days while ICE determined if he was an American citizen. The court stated: On appeal, Galarza argues that under a plain reading of the relevant federal regulation, immigration detainers are permissive and, to hold otherwise, would violate the anti-comandeering principles inherent in the Tenth Amendment [of the US Constitution]. We agree with Galarza that immigration detainers do not and cannot compel a state or local law enforcement agency to detain suspected aliens subject to removal. Accordingly, we vacate and remand for further proceedings. Here are the facts of the case: On November 20, 2008, Galarza was performing construction work on a house in Allentown, Pennsylvania. Sometime that day, the contractor on the construction site sold cocaine to an undercover Allentown Police detective, Christie Correa. Detective Correa arrested the contractor, along with Galarza and two other employees who were working at the site. All were charged with conspiracy to deliver cocaine in violation of Pennsylvania law. Two of the other workers arrested were citizens of the Dominican Republic, and the third was a citizen of Honduras. At the time of Galarza’s arrest, he had a wallet, which contained his Pennsylvania driver’s license, his Social Security Card, a debit card, and his health insurance card. After his arrest, Galarza was detained by the Allentown Police Department. The Criminal Complaint prepared by Correa at the time of Galarza’s arrest listed Galarza’s place of birth as Perth Amboy, N.J. and contained Galarza’s Social Security Number and date of birth. Galarza was eventually acquitted by a jury of the charge stemming from his November 20, 2008 arrest. That evening, Galarza was transported to Lehigh County Prison and his bail was set at $15,000. The following morning, Friday, November 21, Galarza went through the booking process, and during this process, he told prison officials that he was born in New Jersey. The officials took his wallet, containing his driver’s license, Social Security Card, debit card, and health insurance card. Allentown’s policy to contact Immigration and Customs Enforcement (“ICE”) whenever persons arrested are suspected of being “aliens subject to deportation,” Correa called ICE and provided immigration officials with Galarza’s name, date and place of birth, ethnicity, and Social Security number. Galarza contends that, by making this call, Correa gave ICE reason to believe that she suspected Galarza had given false information about his identity. At some point that day, filed an immigration detainer with Lehigh County Prison. The detainer described Galarza as a suspected “alien” and citizen of the Dominican Republic. In its decision, the Third Circuit reasoned that Under the Tenth Amendment, immigration officials may not order state and local officials to imprison suspected aliens subject to removal at the request of the federal government. Essentially, the federal government cannot command the government agencies of the states to imprison persons of interest to federal officials. Thus the court continued, immigration officials may not compel state and local agencies to expend funds and resources to effectuate a federal regulatory scheme. The Courts final verdict, For these reasons, we conclude that 8 C.R.F. § 287.7 does not compel state or local LEAs [Law Enforcement Agencies] to detain suspected aliens subject to removal pending release to immigration officials. Section 287.7 merely authorizes the issuance of detainers as requests to local LEAs. Given this, Lehigh County was free to disregard the ICE detainer, and it therefore cannot use as a defense that its own policy did not cause the deprivation of Galarza’s constitutional rights. Accordingly, the District Court’s judgment dismissing Galarza’s complaint against Lehigh County is VACATED
Posted on: Tue, 11 Mar 2014 22:53:17 +0000
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