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Ruling on Bail and ICE

Tenth Circuit in United States v. Ailon-Ailon. The court held that a federal district court judge could not deny bail to the defendant, who was facing prosecution for illegal reentry and who was also the subject of an ICE detainer, solely due to the risk that ICE would remove him before his criminal trial, finding that in the context of the Bail Reform Act, the risk that a defendant will flee does not include the risk that ICE will involuntarily remove the defendant

ICE Not Following Its Own Rules on Releasing Pregnant People

There are indications that ICE has revoked a policy issued in August 2016 recommending that pregnant people “generally not be detained” and is currently detaining pregnant people “at the rate of one per day.” Cases of pregnant women being detained by ICE have been detailed in an administrative complaint filed with DHS on behalf of these women.

Lots of authorities in Texas sued for not giving Bond

The Dallas Morning News reports that a federal civil rights suit was filed yesterday by 16 plaintiffs against Dallas County and Sheriff Lupe Valdez over bonds and the use of immigration holds requested by ICE. The suit states: “The moving force for this claim is Dallas County’s practice of refusing immediate release on bond to individuals with immigration holds by (i) refusing to allow bond for those with immigration holds, and (ii) honoring ICE requests to detain individuals subject to an immigration hold, even after those individuals are otherwise cleared for release, in violation of Texas statutes, the Texas Constitution, and/or the United States Constitution.”

ICE Still detaining people without crimes – against what they stated earlier

A Transactional Records Access Clearing House (TRAC) report finds that detainer use by Immigration and Customs Enforcement (ICE) has declined, with the latest data showing that ICE issued 7,993 detainers in April 2015—30% fewer than in October 2014. However, according to the data, only 32% of individuals on whom detainers were placed during April 2015 had been convicted of a crime, and only 19% had a felony conviction. Fully two-thirds had no criminal conviction of any type, in sharp contrast to ICE’s announced plan to detain only individuals who have been “convicted of specifically enumerated [serious] crimes.

Immigration Detainers and 4th Amendment meet

The Associated Press reports on the recent First Circuit decision in a lawsuit alleging Fourth Amendment violations, finding that federal immigration authorities must have probable cause to issue an immigration detainer. The ruling affirmed last year’s decision by a federal judge in Rhode Island, who denied summary judgment on the basis of qualified immunity to an ICE agent and his supervisors who allegedly detained the naturalized U.S. citizen plaintiff in 2009 without probable cause.

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