Tens of thousands of inmates who should have been eligible for release from sheriff’s custody allegedly remain detained for days or even months because of immigration-related holds. Such is the claim made by the American Civil Liberties Union (ACLU) of Southern California, which is now filing a federal lawsuit against Los Angeles County Sheriff Lee Baca. The ACLU said it will file the federal lawsuit Friday challenging Sheriff Baca’s ability to detain arrestees solely on the basis of an immigration hold when they are eligible for bail or other forms of release. Plaintiff Duncan Roy — a British film director — said he was held in jail for nearly three months because of a hold filed by Immigration and Customs Enforcement, even though he tried multiple times to post bail. “The sheriff says, he’s on an ICE hold, and the ICE people say, well, he’s got to make bond,”
Lawsuit: ACLU, NDLON, British director Duncan Roy to accuse LA County Sheriff of illegally detaining him
A British man says he was detained unlawfully for 89 days in Men’s Central Jail in Downtown Los Angeles on an immigration hold that should have never been in place. Duncan Roy, a Malibu filmmaker, says he repeatedly tried to bail out of jail after an arrest for suspicion of misdemeanor extortion. But the Los Angeles County Sheriff’s Department wouldn’t let him post bail for almost three months because immigration authorities had asked the department to hold him while they investigated his immigration status. Roy was in the country legally.
Gov. Jerry Brown’s veto of the Trust Act late Sunday raised some interesting questions. Brown said he supported the goal of the bill, site which would have set some limits on a controversial federal immigration enforcement program. But the governor said he could not support the Trust Act because of a fatal flaw that would have required police to release some immigrants who may be involved in serious crimes, site such as child abuse or s, s before they were taken into custody by the Department of Homeland Security. Whether Brown’s concern is valid is up for debate. Some advocates say those immigrants with serious criminal histories or facing serious charges would not be protected by the Trust Act and would remain in custody. Under the now-vetoed bill, police would have detained only those immigrants for federal officials who were convicted or accused of serious offenses; it required that all others be released.
“Se Communities” Immigration Holds Lead to Illegally Prolonged Detentions of Tens of Thousands
(Los Angeles) – Six people have brought a landmark class-action lawsuit against Sheriff Baca and the Los Angeles County Sheriff’s Department (LASD) on grounds they are or were illegally detained in the jails and stations of Los Angeles County Jail for days, weeks, or months after they were entitled to be released because they are the subject of “immigration holds.” Immigration holds, sometimes called “immigration detainers,” are notices issued by the U.S. Immigration and Customs Enforcement (ICE) requesting that an individual in local custody be held pending further action. Unlike warrants, they are issued without any judicial determination of probable cause, and they are frequently issued in error.