ACLU Sues Miami-Dade County for Illegally Detaining U.S. Citizen for ICE
In January, experts from the American Civil Liberties Union and elsewhere issued Miami-Dade County Mayor Carlos Gimenez a stern warning: If he bowed to President Donald Trump's toothless demand to crack down on so-called sanctuary communities, they said, he'd be opening the county up to expensive lawsuits. By agreeing to start honoring ICE "detainer" requests — where the county holds people arrested for any infraction, including low-level traffic tickets, in jail on ICE's behalf for up to 48 hours — Miami-Dade would inevitably be sued when U.S. citizens were mistakenly caught up in the dragnet, the experts cautioned.
Well, they were right. Today the ACLU said it's joining with the University of Miami School of Law Immigration Clinic to sue the
“We warned the county about the dangers posed by the premature decision to cave
Through a spokesperson, the mayor declined to comment. But even before today's lawsuit, the Trump administration already succeeded in making Gimenez and the nine county commissioners who later ratified his policy look like buffoons. This past April 25, a federal judge threw out the executive order that Gimenez cited in January, making the entire policy meaningless. Gimenez said the county needed to act in order to prevent the Trump administration from stripping Miami-Dade County of federal transportation funds, but when Trump revealed his budget proposal later in the year, it asked Congress to strip Miami-Dade of that funding anyway. Gimenez has gained nothing from this move so far except a lawsuit.
According to the legal complaint, the plaintiff, Garland
This past March 12,
"The detainer did not allege probable cause to believe that Mr. Creedle had committed any crime," the lawsuit says. "Nor did the detainer form state facts amounting to an individualized determination that there was probable cause to believe that Mr. Creedle was removable from the United States, or that there was
Documents attached to the lawsuit show that
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"Pursuant to its policy of honoring ICE detainers, Defendants held Mr. Creedle after he was no longer in lawful custody on state criminal charges," the lawsuit says. "The Fourteenth Amendment Due Process Clause includes the 'right to be free from continued detention after it was or should have been known that the detainee was entitled to release.'"
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