US immigration law: Court orders city to pay compensation

On Behalf of | Jan 14, 2020 | U.s. Immigration Law |

Many Florida immigrants and their families are worried about detainer issues. It is definitely not an issue that concerns people in this state alone. In fact, a recent court case in another state involved an immigrant who was detained on two separate occasions after a judge had already ordered his release from jail.

In the most recent incident, the man had been taken into police custody regarding a suspected assault. The judge overseeing his case ordered that jailers release him while he awaited his next court hearing. The law enforcement officers did not comply with the court’s order, however. They kept the man in jail until U.S. Immigration and Customs Enforcement officers arrived to take him into their custody.

In the state where this incident occurred, the law prohibits law enforcement officers from complying with an ICE request to detain a person in jail after a judge has already ordered his or her release. The man in this case was immediately transported to an immigration detention center. The detention caused the man to miss a court hearing regarding the alleged assault. He was sent back to the local jail but was again detained and handed over to ICE officers after the court had ordered his release.

The court has since ordered the city in question to pay the man $85,000. The city has updated its policies, saying it will not detain an immigrant after the court has ordered a release unless a federal judge orders the action. Any Florida resident who is currently trying to overcome similar U.S. immigration law problems can seek assistance by requesting a meeting with an experienced immigration law attorney.

Archives

FindLaw Network