Homeland Security sued over immigrant detention

http://www.latimes.com/news/nationworld/nation/la-na-immigration-suit-20110813,0,5087827.story

"What the lawsuit alleges is that in the vast majority of cases with individuals who have detainers lodged against them, basically ICE says to the locals, 'We are instructing you to detain [an individual] after [your] authority has expired because we have initiated an investigation,'" said Mark Fleming, litigation coordinator for the National Immigrant Justice Center, the group that filed the lawsuit.

The lawsuit contends that people are being held without probable cause, violating the 4th Amendment right against unreasonable searches and seizures.

The lawsuit alleges that ICE's practice also violates the 5th Amendment guarantee of due process of law because individuals are not provided with the detainer form. This complicates their ability to get out on bail or to negotiate a plea bargain, Fleming said. Moreover, ICE does not give people an opportunity to challenge their prolonged detention, the lawsuit claims.

Jose Jimenez Moreno, one of the lead plaintiffs in the lawsuit, was initially arrested on a drug charge but is a U.S. citizen who cannot be deported, bringing into question ICE's stated goals, the suit says.

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