Immigrant advocates rejoiced last week as a wave of counties said they would no longer comply with ICE holds (also called detainers) issued under the "Secure Communities" (S-Comm) program. Sheriffs in 31 counties in Oregon, 10 in Colorado and at least 4 in Washington announced the policy shift, citing concerns that ICE holds violate Constitutional rights and expose local governments to legal liability.
The Washington Post reported on April 29 that this development comes after recent court decisions in Oregon and Pennsylvania that found ICE holds are requests, not commands, and that local law enforcement is not required to honor them. Consequently, sheriffs and counties could be liable for any constitutional violations resulting from local law enforcement holding a person for ICE.
Immigrant advocates have long argued that detainers issued under the S-Comm program from ICE are merely requests, and that honoring ICE detainers are violations of due process.
Grassroots Leadership has been part of an on-going campaign to stop compliance with S-Comm and ICE holds in Travis County, Texas. The question on the minds of immigrants and advocates in Texas is: When will local governments in the Lone Star State join this quickly growing list?