Detainer requests in which federal authorities ask local jurisdictions to hold inmates for longer terms while their immigration status is examined are controversial across the country.
In Miami, Florida, an 18-year-old U.S. citizen who was held for an extra night in a jail based on an incorrect and illegal request from immigration authorities, is suing the authorities.
The Miami-Herald reported Garland Creedle was arrested following an alleged domestic violence incident in Miami in March. He said he spent a night in a county jail. The teen posted bond. The lawsuit stated he was due to be released the next day on March 13.
However, a detention request was sent by the Immigration and Customs Enforcement agency. It led to Creedle being detained for another day, according to the federal suit filed in Miami.
Under the “detainer” request Creedle was declared to be a “removable alien.” It asked that he be jailed for another 48 hours.
The report stated Miami-Dade complied under the terms of a federal policy enacted in January. President Donald Trump had threatened to withhold funding to authorities that declined requests to hold alleged immigration offenders.
Citizen mistakenly detained sues authorities
Credle was born in Honduras to a father who held U.S. Citizenship. He was the subject of a detainer request even though his citizenship was proved in court in 2015.
The Herald report said the American Civil Liberties Union (ACLU) is suing the Miami-Dade jail as well as the city mayor Carlos Gimenez, accusing them of “unlawfully detaining” Creedle against his will and without legal authority.
Creedle’s lawsuit says Miami city’s policy of honoring detainer requests from ICE is flawed because the requests themselves are not attached to arrest warrants and exist “outside the normal judicial process governing other charges.”
The Herald article stated Creedle was one of 376 people in Miami subjected to detainer requests since President Donald Trump issued a crackdown on undocumented immigration in January. The city turned over 143 former inmates to immigration authorities up until the summer.
Detainer requests are controversial in Austin where the sheriff has opposed them for all but the most serious offenders. However, legislation enacted in the state this year criminalizes law enforcement officers who fail to comply with them.
If you are fighting immigration enforcement action, call our Austin legal team today at (512) 399-2311.