Across the United States, county after county continues to alter policies to limit compliance with immigration detainers because of constitutional concerns. A spate of federal rulings found that detainers were not mandatory, so local officials increasingly seem to be coming to the conclusion that honoring detainer requests from Immigration and Customs Enforcement, which ask officers to hold people for 48 hours past when the person would have been released, are not worth the risk. “Very simply, it’s a violation of the 4th Amendment,” said Nevada attorney Jerry Stuchiner, a former immigration officer.
Clark County, Nevada, home to Reno, decided this month to stop complying with detainers. Clark County Sheriff Doug Gillespie told local media that officials will not hold undocumented immigrants for ICE unless federal agents have a warrant. Gillespie said the change was not about taking a stand on immigration reform, but instead “has more to do with a situation we’ve found ourselves in and this is the best thing to do until the feds figure it out.”
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