The Argument Against ICE Detainers in CA: Why They're Illegal
1. The ICE Detainer Violates the Fourth Amendment (Unlawful Seizure)
Defense Argument:
An ICE detainer is an administrative request, not backed by a judicial warrant or independent probable cause. Under the Fourth Amendment, the government cannot detain someone without a warrant or probable cause. By honoring an ICE detainer, local law enforcement effectively detains a person beyond their legal release time, violating their rights against unreasonable seizure.In Miranda-Olivares v. Clackamas County, 2014 WL 1414305 (D. Or. Apr. 11, 2014), the court ruled that holding someone on an ICE detainer, without independent probable cause, violates the Fourth Amendment.
Similarly, Galarza v. Szalczyk, 745 F.3d 634 (3d Cir. 2014), found that detaining someone at the request of ICE without judicial review violates the Constitution, and local officers could be held liable.
Counterargument (Pro ICE):
ICE could argue that their detainers are simply requests and not mandatory orders. They may contend that local law enforcement is voluntary in complying with detainers. Since these are not formal arrest warrants, ICE might assert that they are acting within their right to request local cooperation.Rebuttal: However, in Miranda-Olivares, the court specifically held that even voluntary compliance with ICE detainers, when unsupported by probable cause or a judicial warrant, leads to unlawful detention. Local agencies risk liability for constitutional violations by detaining individuals without a proper legal basis.
2. California’s SB 54 Prohibits Local Detention on ICE Holds
Defense Argument:
Under California’s SB 54 (California Values Act), local law enforcement cannot detain someone solely based on an ICE detainer. SB 54 limits state and local cooperation with federal immigration enforcement, preventing local officers from holding someone for ICE unless the person has been convicted of a serious or violent felony.The California Gov’t Code § 7284.6(a)(1) provides that local law enforcement must not detain individuals for immigration violations unless under specific, limited circumstances. In People ex rel. Becerra v. Superior Court (Mendoza), 29 Cal. App. 5th 486 (2018), the court upheld SB 54, confirming that it restricts local officers from detaining individuals on ICE holds absent narrow exceptions.
Counterargument (Pro ICE):
ICE could argue that federal law supersedes state law when it comes to immigration enforcement. Since immigration is a federal matter, they may assert that local authorities are required to comply with detainer requests under the Supremacy Clause (U.S. Const. art. VI, cl. 2).Rebuttal: While federal law does govern immigration, it does not compel local law enforcement to act on behalf of federal agencies. The Tenth Amendment prohibits the federal government from commanding local law enforcement to enforce federal laws, including immigration. In Gonzalez v. ICE, 975 F.3d 788 (9th Cir. 2020), the Ninth Circuit upheld California's SB 54, affirming that California has the right to limit local cooperation with federal immigration enforcement.
3. Separation of Powers: ICE Oversteps Federal Authority
Defense Argument:
The separation of powers doctrine prohibits federal agencies from compelling state and local agencies to enforce federal laws. In this case, ICE is attempting to commandeer local law enforcement to enforce federal immigration law, which violates the Tenth Amendment.Printz v. United States, 521 U.S. 898 (1997), made clear that the federal government cannot compel state officers to execute federal laws, including immigration enforcement.
In Gonzalez v. ICE, 975 F.3d 788 (9th Cir. 2020), the Ninth Circuit held that states like California have the right to restrict local involvement in federal immigration enforcement, which aligns with the Tenth Amendment’s anti-commandeering principle.
Counterargument (Pro ICE):
ICE might argue that immigration enforcement falls under federal jurisdiction as per the Supremacy Clause, and therefore, states cannot opt out of cooperating with ICE. They may point to cases like Arizona v. United States, 567 U.S. 387 (2012), where the Court upheld certain federal immigration enforcement measures, asserting federal primacy.Rebuttal: Arizona v. United States involved a state law attempting to enforce federal immigration law, whereas here, California is limiting state involvement. This is a clear state sovereignty issue, where California has the right to restrict local participation in federal immigration enforcement under the Tenth Amendment. The Printz case and subsequent rulings reinforce that the federal government cannot force states to take on federal immigration duties.
4. ICE Detainers and Local Law Enforcement Liability
Defense Argument:
By honoring ICE detainers, local law enforcement is potentially subjecting themselves to liability for unlawful detention, as these detainers do not have the force of law. Detaining someone based solely on an ICE request, without judicial oversight, risks violating individuals' Fourth Amendment rights and exposes local agencies to lawsuits for false imprisonment and constitutional violations.Miranda-Olivares v. Clackamas County, 2014 WL 1414305 (D. Or. Apr. 11, 2014): A federal court held that local agencies violated the Fourth Amendment by holding individuals based on ICE detainers without probable cause.
Galarza v. Szalczyk, 745 F.3d 634 (3d Cir. 2014): The court found local law enforcement liable for holding an individual based on an ICE detainer without probable cause.
Counterargument (Pro ICE):
ICE may argue that the voluntary nature of the detainer means that local law enforcement is not required to comply, and therefore cannot be liable for honoring the request. ICE could contend that any liability rests with local agencies, not ICE itself.Rebuttal: Even if the detainers are voluntary, they induce unlawful detention, and local officers are at risk of liability for false imprisonment. Local agencies cannot simply claim immunity when they violate constitutional protections by complying with ICE detainers.
Why ICE Detainers Are Ultimately Illegal
Unconstitutional: ICE detainers are not supported by judicial oversight or probable cause, making them an unlawful seizure under the Fourth Amendment.
State Law Violation: California’s SB 54 clearly prohibits local law enforcement from honoring ICE detainers unless strict exceptions apply. The Supremacy Clause argument fails because California has a constitutional right to limit its cooperation with federal immigration enforcement under the Tenth Amendment.
Federal Overreach: ICE’s efforts to compel local agencies to act on federal immigration law infringe upon the separation of powers between state and federal governments. This violates California’s sovereignty and the anti-commandeering principle articulated in Printz v. United States.
Liability Risk: Local agencies face significant liability for unlawful detention by honoring ICE detainers that lack judicial oversight or probable cause, putting both the individuals detained and the local agencies at risk.
In conclusion, ICE detainers are illegal, both constitutionally and under state law. They violate the Fourth Amendment, breach California's SB 54, and force local agencies into unconstitutional cooperation with federal immigration law enforcement. Courts have consistently ruled that honoring such detainers exposes local agencies to liability and violates individuals' constitutional rights.
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