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Tuesday, March 18, 2014

Local Police Could Not Detain Illegal Alien

Local police arrested Galarza for a drug offense. Although he posted bail, he was not released.  Instead, local police held him on an "immigration detainer" that was issued by federal immigration officials. Shortly thereafter, immigration officials learned Galarza was an U.S. citizen, and withdrew the detainer.  Galarza was released on bail, and then filed a Section 1983 action against the city and local police, contending that he was held without probable cause for more than 48 hours.  

The city and local police argued that they were compelled to follow the immigration detainer issued by federal immigration officials.  The 3rd Circuit Court of Appeals disagreed, holding that immigration detainers are permissive only, and do not and cannot compel a local law enforcement agency to detain suspected aliens subject to removal proceedings.  Galarza v. Szalczyk, (3rd Cir. March 4, 2014.  Specifically, the court cited the 10th Amendment that provides that immigration officials cannot order state and local officials to imprison suspected aliens subject to removal. 

Post Authored by Julie Tappendorf, Ancel Glink


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