PORTLAND --- You ve heard it called an ICE hold. It s where U.S. Immigration and Customs Enforcement (ICE) agents ask county jails to hold onto a person whose been arrested on a local charge for up to an additional 48 hours. It s so the ICE can check their immigration status.
When a woman held at the Clackamas County Jail was detained longer because ICE wanted her held, she sued. And late last week, Maria Miranda-Olivares won her case. A federal judge in Portland said it violated the Fourth Amendment of the U.S. Constitution.
Now the Sheriff in Clackamas County, along with those in Multnomah, Washington and several other counties said they will not honor ICE holds without probable cause paperwork or an arrest warrant.
What courts are now saying and they re agreeing with the ACLU, not only is this practice harmful for our communities but it s also unconstitutional. Local governments and law enforcement agencies cannot hold someone in detention without probable cause, said Becky Straus.
Straus is Legislative Director of the American Civil Liberties Union of Oregon.
But not all agree the judge s decision comes down on the right side of the immigration debate. Oregonians For Immigration Reform wants ICE to have all the tools it can have to curb illegal immigration.
Citizens deserve to have people that are in the country [illegally] processed and removed from the country, that s what our laws are for, that s what our law enforcement is for that s what ICE is for, said OFIR President Cynthia Kendoll.