Kurzban Kurzban Tetzeli & Pratt | Attorneys At Law

Judge rules against county in ICE illegal immigrant detention

On Behalf of | Mar 8, 2017 | US Immigration Law |

People in Miami, across Florida and throughout the nation are watching closely as changes are being made to U.S. policy for immigrants. In an attempt to clamp down on those who are perceived to be violators of US immigration law, the new administration of President Donald J. Trump has left a great many families wondering how an immigrant — even one who has not been accused of illegal immigration — will be treated. For those who are in the U.S. illegally and have been detained by the Department of Homeland Security or the Immigration and Customs Enforcement (ICE), it is imperative to prepare for the fight ahead with legal assistance.

A judge in Miami-Dade made a ruling that deemed the ICE hold of arrested immigrants unconstitutional. The judge stated that holding these people is in violation of the separation of powers between the federal government and the state government. The federal government, according to the judge, does not have the power to force states to house those in federal custody. The ruling is unclear as to how it will affect those who were arrested since the county is able to file an appeal against the decision.

This particular case does not have any connection to the attempts on the part of the Trump administration to move forward with deporting those who are in the U.S. illegally. It is simply related to the policy for detaining those who were placed under arrest due to the federal intervention. The judge stopped short of ordering the county to cease with detaining those who are in the U.S. illegally for ICE. According to the mayor, the county will keep up with that practice during the appeal unless the court tells them otherwise.

The attempts on the part of the federal government to deal with what they perceive as a problem with immigration has caused confusion within the states. Those who have been placed under arrest for being an illegal immigrant have rights. If people who are accused of being in the U.S. illegally are facing legal issues, it is even more important they protect themselves with legal help. Those who are concerned about being arrested by ICE or have already been arrested should protect themselves by discussing their case with an attorney.

Source: CBS Miami, “Extended Immigrant Hold Ruled Unconstitutional But Fight Far From Over,” Gary Nelson, March 3, 2017



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