Wednesday, October 1, 2014

Class Challenging Immigration Detainers Certified

A federal  district court has granted class certification in a federal class action lawsuit challenging the federal government’s unlawful use of immigration detainers to hold immigrants in the custody of local law enforcement agencies.

Heartland Alliance’s National Immigrant Justice Center (NIJC) and the law firm of Winston & Strawn LLP represent the plaintiff class in Jimenez Moreno v. Napolitano. The plaintiffs challenge the constitutionality of U.S. Immigration and Customs Enforcement (ICE) use of immigration detainers, which instruct police to continue to detain individuals until ICE officers arrive to take the individuals into custody. Among the plaintiffs in the lawsuit is a U.S. citizen who was held on an immigration detainer in Rockford, Illinois, from March 2011 until shortly after the federal lawsuit was filed in August 2011. As a U.S. citizen, the man cannot be deported from the United States.


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