Shock by Ana Tijoux filmed in Arizona
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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.
This year’s legislative battle over immigration seemed to come to a draw when Gov. Jerry Brown signed one key bill but vetoed another. Immigration rights advocates, however, said Monday that the political give-and-take was largely an illusion. They lost. The bill that Brown signed, which lets some young immigrants have driver’s licenses, allows nothing beyond what is permitted under a new federal program granting a two-year reprieve from deportation. But the bill that Brown vetoed — the Trust Act — was among the most closely watched pieces of immigration legislation in the country. It would have barred local law enforcement officials from cooperating with federal authorities in detaining suspected illegal immigrants, except in the cases of serious or violent crime.
El veto del gobernador de California Jerry Brown al proyecto de ley TRUST, que hubiera limitado la cooperación de la policía local al programa federal Comunidades Seguras, ha logrado que sus usuales amigos en las agrupaciones proinmigrantes lo llamen traidor y que tradicionales críticos, como la organización antiinmigrante FAIR, lo elogien calurosamente. “El veto del gobernador es una rara victoria para los ciudadanos amantes de la ley sobre el poderoso ‘lobby’ (cabildeo) de los protectores de los ilegales”, dijo Dan Stein de FAIR, organización que lucha contra cualquier semblanza de reforma migratoria. “Por una vez, el sentido común ha prevalecido sobre un acto sin consciencia de la Legislatura que hubiera puesto en peligro la seguridad pública de California”. Para Pablo Alvarado, director de la Red Nacional de Jornaleros (NDLON), el veto de Brown al proyecto de ley AB1081 fue una “traición” a los grupos proinmigrantes y latinos que lo han apoyado en sus campañas.
Gov. Jerry Brown of California dropped the ball on Sunday when he vetoed the Trust Act, a bill aimed at keeping harmless immigrants out of the deportation dragnet — not out of misguided compassion, order but to bolster public safety. The police in immigrant communities depend on the cooperation of witnesses and victims; when local officers become federal immigration deputies, fear overrides trust and crime festers. Mr. Brown’s late-night veto bitterly disappointed immigrant advocates, law-enforcement officials, religious leaders and others who had urged him to take a stand against pressure from Immigration and Customs Enforcement, which is deporting people at a blistering pace and wants to keep doing so. The agency’s Se Communities program has turned local police into handmaidens of federal immigration policy; people arrested are automatically subjected to immigration checks, leading to the deportations of tens of thousands who have no criminal records or are only minor offenders.