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San Diego County Sheriff Puts End To ICE Immigration Holds

Evening Edition

San Diego County jails no longer will take part in the practice of holding inmates past their jail release dates to allow U.S. Immigration and Customs Enforcement officials to take custody of them, Sheriff Bill Gore announced Thursday.

San Diego County Sheriff Bill Gore talks to reporters on Election Night at Go...
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Above: San Diego County Sheriff Bill Gore talks to reporters on Election Night at Golden Hall in San Diego, June 8, 2010.

The decision ends the local agency's compliance with ICE "detainer requests," which seek to keep suspected undocumented immigrants in local detention for several additional days.

"The Sheriff's Department will detain someone past their local release date if presented with an arrest warrant based on a probable-cause finding by ICE," Gore said. "In cases where ICE has an immigration interest in one of our inmates and no ICE arrest warrant has been presented, we will continue our practice of notifying ICE of the date, time and location of our inmates' release."

Gore gave no reason for the policy change, but the American Civil Liberties Union attributed it to a recent federal court decision holding that a local jail had violated the Fourth Amendment of the U.S. Constitution by granting an immigration hold without probable cause or a court-approved warrant.

"This is a huge policy reversal and a major victory for our communities, one that advocates have been working on for years," said Homayra Yusufi-Marin, policy advocate for the ACLU of San Diego & Imperial Counties. "We applaud Sheriff Gore's action recognizing the important values of due process and equality under the law that are foundational to our justice system."

Gore's decision made San Diego County the largest county in the nation to stop complying with detainer requests from the federal immigration agency, according to the ACLU.

Sacramento County also announced Thursday that it would discontinue honoring the petitions. Other California counties to do the same include Alameda, Santa Clara, San Francisco, San Bernardino, Santa Cruz, Monterey and Riverside.

Nationally, Philadelphia, Baltimore, Denver and a number of counties in Oregon have made the same decision. A coalition of immigrant and human-rights organizations coordinated requests to sheriffs across the western United States, urging them to stop detaining people at ICE's request to avoid damage liability.

Immigration holds allow federal officials to request that local jails hold suspected undocumented immigrants for a maximum of 48 hours past their jail release dates, excluding weekends and holidays.

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Avatar for user 'muckapoo1'

muckapoo1 | May 29, 2014 at 7:05 p.m. ― 2 years, 9 months ago

Then he should resign !!!!!!!!!!!!!! Who gave him the right to pick and choose what laws to uphold. Traitor !!!!!!!!!!

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Avatar for user 'DeLaRick'

DeLaRick | May 29, 2014 at 7:45 p.m. ― 2 years, 9 months ago

Being enraged makes reading difficult, I guess: These are requests, not laws. Says so right there in the article. The gist of the article for me is that the Sheriff's Dept no longer wants to babysit for ICE. If ICE were serious about this, they'd make arrangements before the prisoners' release dates.

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Avatar for user 'Peking_Duck_SD'

Peking_Duck_SD | May 29, 2014 at 8:55 p.m. ― 2 years, 9 months ago

This is a win for every citizen who values freedom and civil liberties.

This incessant trend by an over-zealous government to forgo warrants in a variety of arenas is quite frankly disturbing.

Warrantless wiretapping, warrantless search and seizure, warantless detention, warrantless collection of your personal phone and email records.


Everyone should have the basic right that their particular situation be heard by a judge and given a warrant before being man-handled by law enforcement, that's a BASIC check and balance in our system and it's slowly going away.

This is how police states are constructed.

Warrantless anything amounts to rights taken directly from the citizens, and anyone who wants to detain, search, or spy on someone WITHOUT it going through the muster of a judge is obviously trying to get away with something dirty.

What the Sheriff announced today is simple common sense - ICE can provide the warrant and the suspect will be detained, or they cannot and the suspect will be released.

Anyone who thinks that is "odd" must be so brainwashed by the recent wave of civil liberties trampling that you forgot the basic tenets of what our law enforcement/criminal justice system USED to be founded upon.

DLR is absolutely correct in that REQUESTS should not be treated as LAWS.

This reminds me so much of the letters internet providers were receiving from the NSA to hand over customer's data - warantless requests that were not LEGAL, yet because the NSA was sending them in a threatening manner they became de facto "legal" documents to the receivers based on fear, not based on the true legal principles of our constitution.

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Avatar for user 'Peking_Duck_SD'

Peking_Duck_SD | May 29, 2014 at 9:01 p.m. ― 2 years, 9 months ago

And I know someone will probably try and argue that the people are "illegal" so they don't deserve the same constitutional protections.

Well, guess what - they do and it's because all your "deport 'em now" peeps insisted that being here illegally be deemed a crime.

If someone is ACCUSED of a crime, they they have the right to a presumption of innocence. If there is sufficient evidence a crime occurred, then obtaining a warrant should be a piece of cake.

So no "loophole" here because these people MAY be non-citizens.

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Avatar for user 'wigglwagon'

wigglwagon | May 29, 2014 at 10:47 p.m. ― 2 years, 9 months ago

Anyone who cannot show proof of legal residence should have to await their day in immigration court by returning to their own country where they are legal residents. Illegal workers definitely should not be allowed to continue their crimes by continuing to work the illegally obtained jobs. Thieves are not allowed to hang on to their loot while awaiting their day in court, illegal workers should be treated exactly the same. Do alleged drug dealers get to hold on to their cocaine or heroin until their day in court?

That would eliminate the problem of over crowding facilities. That is the kind of reform we need.

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Avatar for user 'benz72'

benz72 | May 30, 2014 at 7:16 a.m. ― 2 years, 9 months ago

I agree with PDSD that the recent trend of overreach and authoritarian encroachment is very troubling. That being said, it should not be difficult to arrange a cooperative operation between a local PD and a federal agency who are involved with the same criminals. Agencies neither operate efficiently nor attain their goals when they engage in obstructionism.

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Avatar for user 'kerthialfad'

kerthialfad | May 30, 2014 at 9:01 p.m. ― 2 years, 9 months ago

Well, guess what - they don"t.

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Avatar for user 'sdreefer21'

sdreefer21 | May 30, 2014 at 9:45 p.m. ― 2 years, 9 months ago

So lets release criminals without visa's into our neighborhoods?

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